Neutral Citation No. - 2025:AHC:140927 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33755 of 2024 Applicant :- Shivraj Singh Kaushal Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kumar Singh,Jitendra Kumar Counsel for Opposite Party :- G.A.,Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Kumar, learned counsel for the applicant, Sri Dhirendra Kumar, Advocate holding brief of Sri Girijesh Kumar Gupta, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 491 of 2023, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Shalimar Garden, District- Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about five days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the deceased had expired at her maternal home, as such, it is a clear cut case of false implication. The case of death is asphyxia as a result of antemortem hanging. It is further argued that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 7. This Court had called for the status of trial from the concerned trial court. As per the said status report dated 13.8.2025, no witness has been examined to date. 8. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A./State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 9. It is a settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A./State Law Officer. 10. The said viewpoint was shared in Nagendra Nath Chakrabarthi v. King-Emperor AIR 1924 Cal 476; Emperor v. Hutchinson AIR 1931 All 356; K. N. Joglekar v. Emperor AIR 1931 All 504; Sanjay Chandra v. Central Bureau of Investigation AIR 2012 SC 830; Inhuman Conditions in 1382 Prisons, In re. (2017) 10 SCC 658; State Of Rajasthan Vs. Balchand AIR 1977 SC 2447; and Ashim vs. National Investigation Agency (2022) 1 SCC 695). 11. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay for five days in institution of FIR and the deceased having expired at her maternal home coupled by the fact that no witness has been examined to date, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 13. Let the applicant- Shivraj Singh Kaushal, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 18.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad