Neutral Citation No. - 2025:AHC:37391 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29976 of 2024 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Bharat Bhushan Dubey,Bhavni Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Arvind Kumar, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 14.05.2024 passed in Criminal Misc. Bail Application No. 12369 of 2024. The instant bail application has been filed on behalf of applicant- Dharmendra Singh with a prayer to enlarge him on bail in Case Crime No.141 of 2023, under Sections 420, 120B, 304, 506 I.P.C., Police Station- Civil Lines, District- Etawah, during the pendency of the trial. Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that similarly placed co- accused persons namely, Ramsharan and Rajnesh Kumar have already been enlarged on bail by a coordinate Bench of this Court vide orders dated 02.07.2024 and 03.07.2024 passed in Criminal Misc. Bail Application Nos. 11196 of 2024 and 16315 of 2024, respectively. Emphasizing upon the period of detention i.e. 16.02.2024, he submits that there is no prospect of trial of the present case being concluded in near future. He next submits that criminal history of five cases has been explained in par 26 of the affidavit filed in support of the bail application. In case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, however, he could not dispute the factual matrix of the case. 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. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she 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 Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant. 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 AGA for the State. The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused- applicant (s) is such that his mere presence at large would intimidate the witness. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would dis-entitle the applicant for Bail. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, the period of detention of the applicants for the alleged offence, submissions of learned counsel for the parties, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. Let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make themselves available for interrogation by a police officer as and when required. (iv) The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they is suspected. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (vi) The applicant shall not leave India without the previous permission of the Court. (vii) In the event, the applicant change residential address, the applicant shall inform the court concerned about new residential address in writing. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 17.3.2025/Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad