Neutral Citation No. - 2025:AHC:134666 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27349 of 2025 Applicant :- Shailesh Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chand Saroj Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Prem Chand Saroj, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 234 of 2024, under Sections 103(1), 3(5), 61(2), 238 of BNS, Police Station Tejibazar, District Jaunpur, during the pendency of trial. 4. As per prosecution story, the applicant and other family members are stated to have an altercation with the deceased person at the agricultural fields whereby they are stated to have threatened to finish her off on 21.11.2024. Subsequent to it, dead body was recovered from the jungle. 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 also stated that the dead body was recovered from the jungle but there is no evidence whatsoever regarding the applicant or any other co-accused person being seen going or returning from the jungle by any person. It is a blind murder and the applicant has been falsely implicated in the case. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 22.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA has vehemently opposed the bail application on the ground that the applicant and co-accused persons were seen by the husband of the deceased person returning from the said jungle from where the dead body was recovered, as such applicant is not entitled for bail. 9. 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. 10. 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. 11. 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". 12. 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. 13. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 14. 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. 15. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 16. Let the applicant- Shailesh Nishad, 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. 17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 18. 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