Neutral Citation No. - 2025:AHC:87707 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29682 of 2024 Applicant :- Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. 1. Heard learned counsel for the applicant and learned A.G.A for the State. 2. The allegations in the F.I.R. against the applicant and four other accused of causing the murder of one person. 3. Learned counsel for the applicant submits that in the F.I.R. role of catching hold was assigned to the four co-accused and the applicant was assigned the main role of causing fatal injury to the deceased by knife. He has further submitted that before the trial court PW-1 and PW-2 have been examined, they have not distinguished the role of the applicant and have stated that all the accused had knives in their hands and all of them were assaulting. Learned counsel for the applicant submits that the injury suffered by the deceased were on non-vital part and he died because of excessive bleeding. Therefore, the intention was not to cause his murder. Even otherwise, the applicant is in jail since 10.10.2021. Before the trial court, only two prosecution witnesses out of 32 have been examined. Fate of trial is uncertain. Applicant has criminal history of one case connected with the present case. 4. On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail. 5. 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. 6. Let the applicant,Kamal , involved in Case Crime No. 451 of 2021 , under Sections- 302, 147, 148, 149, 323, 324, 504 I.P.C., Police Station- Dankaur, District- Gautam Budh Nagar, 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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 22.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad