HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29868 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, Kalyan Kushwaha, with a prayer to release him on bail in Case Crime No. 224 of 2024, under Sections 109, 3(5), 221, 310(4), 310(5) B.N.S. and Section 3/25 Arms Act, Police Station Month, District Jhansi, during pendency of trial. 3. Learned counsel for the applicant has submitted that applicant was not arrested on the spot and his name came into light on the basis of statement of other co-accused Rajveer alias Buddhe and the applicant has been falsely implicated in this case. Learned counsel further submits that similarly situated co-accused namely, Puran Yadav, Rohit Dohare and Rajveer Kushwaha alias Buddhe have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 21.01.2025, 03.03.2025 and 01.07.202 passed in Criminal Misc. Bail Application No. 38325 of 2024, Criminal Misc. Bail Application No.45583 of 2024 and Criminal Misc. Bail Application No.20844 of 2025 respectively, copy of which orders have been annexed as Annexure 12 of the bail application. It is thus contended that the applicant is also entitled for bail on the ground of parity. He has criminal history of nine cases which have been explained in para 13 of the bail application and is languishing in jail since 18.11.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant Versus Counsel for Applicant(s) : Vikas Tiwari Counsel for Opposite Party(s) : G.A. Kalyan Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) by contending that the 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 in accordance with law under Section 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) BAIL No. 29868 of 2025 2 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 8, 2025 A.N. Mishra BAIL No. 29868 of 2025 3 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad