HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5417 of 2023 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant, Abhishek Singh @ Monu with a prayer to release him on bail in Case Crime No. 112 of 2022, under Sections 504, 506, 307 IPC, Police Station Shadiabad, District- Ghazipur, during pendency of trial. 4. Learned counsel for the applicant has submitted that applicant alongwith two other co-accused Ankur Singh @ Lullu and Changur Singh Alias Santosh is named in the first information report. The common role of firing has been shown in the first information report against applicant- Abhishek Singh @ Monu and co-accused Ankur Singh @ Lullu. It is further submitted that co-accused Ankur Singh @ Lullu and Changur Singh Alias Santosh have already been granted bail by co-ordinate Benches of this Court vide orders dated 13.12.2022 and 30.09.2022 passed in Criminal Misc. Bail Application Nos.41272 of 2022 and 36464 of 2022 respectively. It is further submitted that the applicant has criminal history of five cases, which have been duly explained in the supplementary affidavit filed today. He is Versus Counsel for Applicant(s) : Anil Kumar Pathak, Ankit Srivastava, Awashesh Kumar, Chandra Pratap Singh, Kalp Dev Mishra, P.K. Singh, Rajrshi Gupta, Shailendra Kumar Rai, Sunil Kumar Pandey Counsel for Opposite Party(s) : G.A. Abhishek Singh @ Monu .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 25.05.2022. It is further submitted that trial is going on. He has not caused any intervention in the trial proceedings. Five witnesses of fact have already been examined before the trial court. It is also submitted that 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 but he could not dispute the fact that criminal history of five cases have been duly explained in the supplementary affidavit. 6. From the perusal of the statement of the victim, which has been recorded before the trial court and statement recorded before the Investigating Officer, it appears that accused applicant has caused the fire arm injury to the injured, on account of which he is languishing in jail since more than three years. Witnesses of fact have already been examined before the trial court. Leaned A.G.A. also admitted this fact during course of argument. 7. 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; period of detention in jail; status 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. 8. 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 heavy 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 BAIL No. 5417 of 2023 2 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 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. 9. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 10, 2025 Radhika BAIL No. 5417 of 2023 3 (Santosh Rai,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad