HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29872 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Shri Dharam Veer Singh, learned counsel for the informant and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Brijesh with a prayer to release him on bail in Case Crime No. 90 of 2025, under Sections 333, 191(2), 191(3), 190, 109(1), 115(2), 352, 351(2), 118(1), 61(2), 3(5), 329(3) B.N.S. & under Section 12 of the Contempt of Court Act & 3/25 Arms Act, Police Station-Linepar, District-Firozabad during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He further submits that as per the F.I.R. the injured has not sustained injuries on the vital part of the body as the C.T. scan report shows that only a 'charra' was found on the body which is also at back side of the injured. It is also submitted that the other co-accused persons have already been enlarged on bail by the court below and the applicant is languishing in jail since 14.05.2025. In case he is enlarged on bail he will not misuse the liberty of bail. 4. Per contra, learned A.G.A. and learned counsel for the informant has not controverted the submissions advanced by the counsel for the applicant and learned A.G.A. has submitted that chargesheet has already been filed in the case. 5. Having considered the submissions of the parties noted above, finding Versus Counsel for Applicant(s) : Ashwani Kumar Soni, Shubham Pal Counsel for Opposite Party(s) : Dharam Veer Singh, G.A. Brijesh .....Applicant(s) State of U.P. .....Opposite Party(s) 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; 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 Brijesh 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 BAIL No. 29872 of 2025 2 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 22, 2025 SY BAIL No. 29872 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