HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28278 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hemant Kumar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.192 of 2024, under Sections 103(1), 3(5), 324(4), 238 B.N.S. and 3/5/25/27 Arms Act, Police Station- Rohta, District- Meerut, during the pendency of trial. 4. As per prosecution story, the applicant alongwith three other accused persons is stated to have committed the murder of the brother of the informant on 20.9.2024 at about 04:45 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no eye-witness of the incident. The only evidence is of audio recording of the conversation between applicant and deceased person, whereby the applicant is stated to have called the deceased person and the said offence of murder was committed. 6. Learned counsel for the applicant has further stated that there is only one gunshot injury sustained by the deceased person and four accused persons have been assigned the role of having committed the said offence of murder. Versus Counsel for Applicant(s) : Hemant Kumar Counsel for Opposite Party(s) : G.A. Avilash Alias Avi .....Applicant(s) State of U.P. .....Opposite Party(s) The instant case is based on suspicion only. Subsequently, the version of the informant that applicant had called the deceased person to the place of occurrence stands falsified from his statement itself, whereby he has changed the version alleging that deceased refused to come on being called by the applicant rather he had gone to the place of occurrence on being called by co-accused person Sonu s/o Jai Prakash. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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. 10. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person 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 Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 11. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 12. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into BAIL No. 28278 of 2025 2 consideration the said inconsistency in the statement of the informant regarding the person on whose call the deceased person had reached the place of occurrence, 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. 14. Let the applicant- Avilash Alias Avi, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 7, 2025 Vikas Verma BAIL No. 28278 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad