Neutral Citation No. - 2025:AHC:82004 Reserved On:-13.05.2025 Delivered On:-17.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32067 of 2024 Applicant :- Mahendra Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A.,Manish Kumar Dwivedi Hon'ble Siddharth,J. Heard Sri Mohit Kumar Jaiswal, learned counsel for the applicant; Sri Manish Kumar Dwivedi, learned counsel for the informant and learned A.G.A for the State. The instant bail application has been filed on behalf of the applicant, Mahendra, with a prayer to release him on bail in Case Crime No. 140/2024, under Sections 323, 452, 436, 307, 376 of IPC, Police Station- Tappal, District- Aligarh, during pendency of trial. Initial allegations against the applicant was that he entered into the house of the victim and made assault on her head by danda with intention to kill, and thereafter, put her on fire. Subsequently, implication of the applicant was made by the victim in her statement recorded under section 164 Cr.P.C., for committing the offence of rape against her also. She alleged that the applicant tried to strangulate her by cable of mobile charger. Learned counsel for the applicant has submitted that it is a case of false implication of the applicant. No burn injury was found to the victim nor any injury proving commission of sexual assault against her was found. The applicant has been falsely implicated in this case. He is languishing in jail since 29.03.2024. The trial in the aforesaid case is not likely to be concluded in near future. Learned A.G.A. and learned counsel for applicant vehemently opposed the prayer for bail of the applicant and they have placed the documents of medical treatment of the victim. They have submitted that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. After hearing the rival submissions, this Court finds that the applicant and the victim are well known to each other. They were implicated in three cases together. Burn injuries were found on the body of the victim by doctor, but no sign of commission of offence of rape was found. It is not clear whether the deceased suffered burn injury accidentally or it was caused by the applicant. There is no medical corroborative evidence regarding commission of offence of rape. 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 the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC)LawSuit 677 and 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 of the Indian Penal Code. (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. 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 174-A of the Indian Penal Code. (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad