HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27569 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Deepak, with a prayer to release him on bail in Case Crime No. 178 of 2023, under Section 302 IPC, Police Station Lohia Nagar, District- Meerut, during pendency of trial. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court on 21.5.2025 directing the trial court to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. Learned counsel for the applicant has submitted that it is a case of circumstantial evidence. Only because of some calls made on the mobile phone of the deceased, prior to her death and after recovery of dead body of the deceased, applicant has been falsely implicated in this case. Before the trial court, informant has been examined as PW-1 wherein he has stated that he lodged the FIR as dictated by the police personnel. The applicant has no previous criminal history to his credit and he is languishing in jail since 13.12.2023. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at Versus Counsel for Applicant(s) : Rajeev Sawhney, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 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; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, 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 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 of the Indian Penal Code. (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. 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 174-A of the Indian Penal Code. BAIL No. 27569 of 2025 2 (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 15, 2025 Ruchi Agrahari BAIL No. 27569 of 2025 3 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad