HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27066 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Naveen Bajpai, with a prayer to release him on bail in Case Crime No. 166 of 2024, under Sections 323, 504, 506, 313 of I.P.C., Police Station Tirwa, District- Kannauj, during pendency of trial. 3. As per prosecution story, on 26.03.2024 at 6.30 pm, the informant was returning home from the market with her brother-in-law, namely, Nanhe, when Guddu, Naveen Bajpai, Rohit Dubey of the village forcibly started molesting her on the culvert outside the village due to old enmity and on refusing, they started abusing and forcibly pulling her and threatening to kill her and when the brother-in-law and the informant protested, they beat her up, in the fight Naveen Bajpai hit the brother-in-law, namely, Nanhe on the head with an iron rod, due to which he was seriously injured and kicked the informant in the stomach, due to which the two-month old fetus growing in the informant's womb fell down and excessive bleeding started. 4. Learned counsel for the applicant has submitted that applicant has not committed and any offence and he has been falsely implicated in this case due to ulterior motive. He further submitted that the alleged incident taken Versus Counsel for Applicant(s) : G.A., Mahendra Pal Singh Gaur, Manish Kumar, Naman Kishor Sharma Counsel for Opposite Party(s) : G.A., Nisha Chouhan, Shailendra Singh Rathore Naveen Bajpai .....Applicant(s) State of U.P. .....Opposite Party(s) place on 26.03.2024 and the FIR was registered at very belated stage on 05.05.2024, but the prosecution has not given any plausible reason regarding the said delay. He further submitted that as per injury reports of the injured, all injuries are caused by hard and blunt object and all injuries are simple in nature except injury no.8 KUO and opinion will be given after report of radiologist/gyneocologist and in the injury report of Nanhe, the doctor mentioned that all injures are caused by hard and blunt object and simple in nature. He has no criminal history to his credit and is languishing in jail since 17.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant as well as learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. Learned counsel for the informant contended that no fracture has been found on the body of the injured but the injuries are very serious in nature and chargesheet has already been filed in this case. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 27066 of 2025 2 any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section under Section 174-A I.P.C./209 B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 A.N. Mishra BAIL No. 27066 of 2025 3 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad