Neutral Citation No. - 2025:AHC:88797 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34458 of 2024 Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Shri Sudarshan Singh, learned counsel for the applicant and learned A.G.A for the State. There are allegations in the First Information Report that informant alongwith his sister, Kirti and mother , Sunita Devi are residing in Bareilly. Mother of the informant had friendship with applicant, Ashok Kumar and he brought all of them to Bareilly. On 17.1.2024,applicant came to mother of the informant. The informant and his sister were sleeping inside while their mother was sleeping outside. Ashok Kumar came and thereafter mother of informant and applicant,Ashok Kumar were arguing. In the morning when informant woke up, her mother was not found any where. On search her dead body was found near the trees. Applicant, Ashok Kumar killed the deceased and he also took her mobile phone away. Learned counsel for the applicant has submitted that no one has seen the incident .By showing planted recovery of mobile phone of the deceased from his possession , applicant has been implicated in this case. Deceased, Sunita Devi had developed intimacy with applicant and therefore husband of Sunita Devi and her children got her murdered and falsely implicated the applicant. He has further submitted that before the trial court P.W1, and P.W.2 have been examined, who have been declared hostile and they have not supported the prosecution case at all. They have also denied any offence committed by the applicant.The applicant is in jail since 19.1.2024 and has no criminal history to his credit. Learned A.G.A. has opposed the submission made by the applicant and has submitted that applicant has criminal history of one more case related to the same informant and her family. After hearing the rival contentions, this court finds that informant and another witness of fact have been examined before the trial court who have denied the prosecution case. Trial has begun and main prosecution witnesses have already been examined. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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. Let the applicant,Ashok Kumar , involved in Case Crime No.36 of 2024 , under Section-302,201 IPC, Police Station- Izza Nagar, District- Bareilly, 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 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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. Order Date :- 26.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad