Neutral Citation No. - 2025:AHC:83019 Reserved on 13.5.2025 Delivered on 19.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29380 of 2024 Applicant :- Golu Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A.,Rohit Nandan Singh Hon'ble Siddharth,J. Heard Shri Ansar Ahmad, learned counsel for the applicant and learned A.G.A for the State and perused the material on record. There are allegations in the First Information Report regarding causing of murder of the deceased on account of non- fulfillment of demand of dowry. Learned counsel for the applicant has submitted that applicant was not named in the First Information Report nor he is family member of the matrimonial home of the deceased. He has further submitted that applicant has been implicated in this case on the basis of statement of co-accused, Rahul, husband of the deceased. He has also been named by co- accused, Rohit. Applicant has been falsely implicated in this case. There is no independent witness, who has stated anything against him.No other witness has named him. He has no previous criminal history.He is in jail since 7.5.2024. He has been implicated in this case with the help of section 34 I.P.C. Learned A.G.A has vehemently opposed the bail prayer of the applicant and submitted that he has been named by the co-accused in his statement .In the C.C.T.V. footage applicant and co-accused were found to be carrying dead body of the deceased. After hearing the rival submissions and going through the C.C.T.V. footage collected by the investigating officer, it appear that few persons are seen but none of them have been identified. Confessional statement of co-accused, cannot be read against the applicant at this stage,in the absence of any other credible evidence collected by the investigating officer of this case against the applicant. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant,Golu , involved in Case Crime No.17 of 2024 , under Section-302,201/34 IPC, Police Station- Amrahat, District- Kanpur Dehat, 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 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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. (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. Order Date :- 19.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad