HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28553 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Deepak Kumar Tripathi and Sri Anil Kumar Pandey, learned counsel for the applicant, Sri Ghan Shyam Yadav, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.246 of 2025, under Sections 103(1), 191(2), 191(3), 115(2), 352, 351(3), 125 B.N.S., Police Station- Mehdawal, District- Sant Kabir Nagar, during the pendency of trial. 4. As per prosecution story, the applicant alongwith eight other named accused persons and about 20-25 unknown persons are stated to have assaulted and caused injuries to five persons in all, thereby leading one of them, a 72 years old person Sant Bali, to death on 14.6.2025 at about 11:15 a.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. The FIR is delayed by about six hours and there is no explanation of the said delay caused. It is true that five persons have sustained injuries and one of whom had expired, but there are general and omnibus allegations against all the accused persons. Versus Counsel for Applicant(s) : Anil Kumar Pandey, Arvind Srivastava, Deepak Kumar Tripathi Counsel for Opposite Party(s) : G.A., Ghan Shyam Yadav, Nikhil Tripathi Shyamdhar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel for the applicant has further stated that the statement of one of the eye-witnesses Priyanka was recorded and she has not assigned any role of assault to the applicant rather she has stated that applicant was standing at the place of occurrence. Learned counsel has stated that applicant is the Gram Pradhan and has been falsely implicated in this case out of political rivalry. 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 15.6.2025 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. Per contra, learned counsel for the informant and learned State law Officer have 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 State Law Officer 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 BAIL No. 28553 of 2025 2 by learned counsel for the parties, the evidence on record, taking into consideration the fact that there are general and omnibus allegations against all the accused persons, 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- Shyamdhar, 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 8, 2025 Vikas Verma BAIL No. 28553 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad