HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29739 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Mohd Saddam, seeking enlargement on bail in Case Crime No. 25 of 2025 under Sections 318(4), 118(2), 336(2), 340(2), 61(2), Bhartiya Nyaya Sanhita (BNS), under Sections 15(2), 15(3) Indian Medical Council Act, 1956 and under Section 30 of the United Provinces Medical Act, 1917, Police Station Bhojpur, District-Ghaziabad. 3. Learned counsel for the applicant argued that the accused-applicant is innocent and has been falsely implicated in this case. He further submitted that there is no specific allegation against the applicant. He also submitted that other named co-accused persons have already been enlarged on bail by the courts below. He next submitted that applicant has no criminal history to his credit. The applicant is languishing in jail since 25.06.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned A.G.A. has vehemently opposed the prayer for bail, but could not dispute the fact that other named co-accused has already been enlarged on bail by the courts below. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; Versus Counsel for Applicant(s) : Bhavya Sahai Counsel for Opposite Party(s) : Ashok Kumar Saroj, G.A., Sudhir Bharti Mohd Saddam .....Applicant(s) State of U.P. .....Opposite Party(s) keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; 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 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 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. BAIL No. 29739 of 2025 2 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 23, 2025 SY BAIL No. 29739 of 2025 3 (Santosh Rai,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad