Neutral Citation No. - 2025:AHC:134635 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27418 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mrityunjay Dwivedi, holding brief of Sri Pramod Kumar Dwivedi, learned counsel for the applicant and Sri Ajay Kumar Pathak, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 07 of 2025, under Sections 190, 191(2), 191(3), 109(1), 103(1) of BNS, Police Station Hathras Gate, District Hathras, during the pendency of trial. 4. As per prosecution story, applicant and other co-accused persons are stated to have fired indiscriminately at the family members of the informant thereby grievously injuring two persons namely Jayawanti Devi and Gagan on 02.01.2025 at about 7 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 6. Learned counsel has further stated that it is true that the applicant is named in the FIR and he is stated to be present at the place of occurrence but the statements of even the injured persons (one of them is deceased) have categorically stated that it was the co-accused person Devendra @ Sethi who had fired upon them, as such case of the applicant is at different footing to the main accused Devendra @ Sethi. 7. Learned counsel has next argued that even the eye witness Varsha has reiterated the story narrated by the injured persons. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application. 10. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 11. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 12. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 13. The Supreme Court in Jalaluddin Khan Vs. Union of India, reported in (2024) 10 SCC 574, held that 'bail is the rule, jail is the exception' even in special statute like the Unlawful Activities (Prevention) Act, 1967. 14. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 15. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned State Law Officer. 16. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the statements of the injured persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 17. Let the applicant- Manoj Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 18. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 19. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad