HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28230 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Aman Gupta with a prayer to release him on bail in Case Crime No.108 of 2025, under Sections 137(2), 87, 109 and 351(2) B.N.S., Police Station Bidhuna, District Auraiya, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. F.I.R. was registered after one month. The delay in lodging the F.I.R. has not been duly explained by the prosecution. As per medical report, age of the victim is about 18 years. He further submitted that applicant and victim have sustained injury and both were hospitalized in U.P. University of Medical Sciences, Saifai Etawah from 21.02.2025 to 24.02.2025. As per medical report of C.M.O. Auraiya, age of the victim was about 18 years. The victim has stated in her statement recorded under Section 180 and 183 B.N.S.S. that she went along with applicant and the applicant took her in auto. The applicant pressurized her to marry. When she denied to marry him, the applicant pushed her in the railway track and she sustained injury. In the statement recorded under Section 183 B.N.S.S. the victim has stated that she is about 16 years and the accused applicant is the son of her maternal uncle. Chargesheet has been submitted in this case. The is applicant is languishing in jail since 04.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Santosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Aman Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the victim is minor aged about 15 years and as per High School Certificate, date of birth of the victim is 26.07.2010. He further submitted that innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he 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 applicant; keeping in view uncertainty regarding conclusion of trial; applicant 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 applicant involved in the aforesaid crime 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 with the following conditions that :- (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 I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his 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 him BAIL No. 28230 of 2025 2 in accordance with law under Section 174-A I.P.C./209. B.N.S. (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./351 B.N.S.S. 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 and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 4, 2025 Asha BAIL No. 28230 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad