HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27576 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicants; Sri Nitesh Kumar Singh, learned counsel for the informant and learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicants Imran and Arman 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. 3. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. Eight persons including the applicants have been named in the F.I.R. There are general allegations against the applicants along with other co-accused persons. Simple injuries are said to be caused by the accused. The injured Promod has stated in his statement that all the accused persons caused injury to him. Thus no specific and separate role has been assigned to the accused-applicants. No specific role regarding sexual harassment/molestation has been assigned to the applicants. Charge-sheet has been filed in this case. The applicants have no criminal history to their credit and are languishing in jail since 03.07.2025. Lastly it is submitted that co-accused Salman and Imtiyaj have been granted bail by this Court vide order dated 12.09.2025 passed in Criminal Misc. Bail Application No.27441 of 2025. In case, the applicants are released on bail, Versus Counsel for Applicant(s) : Pradeep Kumar, Shiv Saran Sharma, Somendra Singh Counsel for Opposite Party(s) : Akhilesh Kumar Tiwari, G.A., Nitesh Kumar Singh, Pankaj Kumar Pandey, Rabindra Tiwari Imran And Another .....Applicant(s) State of U.P. .....Opposite Party(s) they will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicants by contending 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. 5. 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. 6. 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 they 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 their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A I.P.C./269 B.N.S. (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 BAIL No. 27576 of 2025 2 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 them in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 Asha BAIL No. 27576 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad