HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27441 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Counter affidavit filed by learned counsel the first informant is taken on record. Learned counsel for the applicants stated that he is not ready to file rejoinder affidavit. 2. Heard learned counsel for the applicants; learned counsel the first informant, learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicants Salman and Imtiyaj with a prayer to release them on bail in Case Crime No.0074 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109(1) B.N.S., Police Station Thuthibari, District Maharajganj, during pendency of trial. 4. Learned counsel for the applicants has submitted that main accused of the case is Sameer. He has committed obscene conduct/sexual harassment to the victim who is daughter of the informant. He further submitted that the victim in her statement assigned the common role to all the accused applicants. There is no specific role against the applicants in the first information report. He further submitted that only simple injury was caused to the injured. In the injury report, injury nos.1 and 2 were stitched wounds and injury nos.3 and 4 were contusion swelling and abrasion. No any kind of fracture was caused on vital part of the injured. The applicants have no criminal history to their credit and are languishing in jail since 03.07.2025. Versus Counsel for Applicant(s) : Pradeep Kumar, Shiv Saran Sharma, Somendra Singh Counsel for Opposite Party(s) : G.A., Nitesh Kumar Singh, Rabindra Tiwari Salman And Another .....Applicant(s) State of U.P. .....Opposite Party(s) In case, the applicants are released on bail, they will not misuse the liberty of bail. 5. Per contra, learned counsel the first informant and learned A.G.A. has opposed the prayer for bail of the applicants by contending that accused applicants have committed serious offence. Four injures were caused to the injured. He further submitted that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they 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 applicants; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicants 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 applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants 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 applicants 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. BAIL No. 27441 of 2025 2 (iv) In case the applicants misuse the liberty of bail during trial and in order to secure their 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 them in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) The applicants 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 applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted. September 12, 2025 Asha (Santosh Rai,J.) BAIL No. 27441 of 2025 3 Digitally signed by :- ASHA High Court of Judicature at Allahabad