HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29879 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, Mukesh Yadav, with a prayer to release him on bail in Case Crime No. 359 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(2), 351(3), 109, 74 B.N.S., Police Station Chauri Chaura, District Gorakhpur, during pendency of trial. 3. As per prosecution story, that informant is doing business of scrap and having a shop of scrap. On 25.06.2025 at about 04:00 PM, Mukesh Yadav alongwith Dilip Yadav, Vinod Yadav, Ashish Yadav, Vinod Kannaujiya and 7 to 8 unknown persons came over the shop of informant with two four wheeler vehicles bearing registration no. UP53CK8619 and UP53CN0004 and all they have lashed with lathi, Danda and sharp edge weapons and they all have started abusing to the informant, thereafter, the wife and daughter of the informant tried to intervene between them, but they have assaulted to the brother of informant with lathi, danda and iron rod with intention to kill him and resulted that the brother of informant, namely, Sanjay Gupta have received serious injury on his head, thereafter, informant rushed to hospital alongwith injured Sanjay Gupta, but the condition of injured was very critical and immediate operation was done by doctors but his condition was still critical. It is further alleged all the assailant have also used criminal force with the wife of informant with Versus Counsel for Applicant(s) : Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A., Sudhir Kumar Tripathi Mukesh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) intent to outrage her modesty, and whole family members of the informant were now afraid with the said incident. 4. Learned counsel for the applicant has submitted that the informant has lodged the F.I.R. after one day of incident and the delay has not been explained. He further submits that it is admitted fact that the cross case has been registered between the parties and both the parties have sustained injuries. There is no specific role has been assigned. Learned counsel further submits that similarly situated co-accused namely, Vinod Kumar Kannaujia has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 03.09.2025 passed in Criminal Misc. Bail Application No. 26169 of 2025. It is thus contended that the applicant is also entitled for bail on the ground of parity. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 27.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 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. 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 BAIL No. 29879 of 2025 2 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) 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. 6. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. 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. 29879 of 2025 3 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad