HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32679 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Diwakar Shukla, learned counsel for the applicants, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.100 of 2025 in Session Trial No.888 of 2025, under Sections 103(1), 115(2), 352 and 3(5) B.N.S., Police Station Ghazipur, District Fatehpur, during the pendency of trial. 4. As per prosecution story, the applicants are stated to have started beating the nephew of the informant Raju on 12.05.2025 at abut 9:00 p.m., whereby his brother Lavkush went to intervene and he was also beaten up and applicant no.2 Madan @ Radhemohan is stated to have hit him with a brick, thereby leading his death during treatment. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. The FIR is delayed by more than eight hours and there is no explanation of the said delay caused. Both the applicants had sustained injuries and even applicant no.2 has sustained one lacerated wound on his parieto-occipital region of the head, which is vital organ of the body. 6. Learned counsel for the applicants has further argued that the said injuries have not been explained by the prosecution. There is no criminal history of Versus Counsel for Applicant(s) : Diwakar Shukla Counsel for Opposite Party(s) : G.A. Shera And Another .....Applicant(s) State of U.P. .....Opposite Party(s) the applicants. The applicants are languishing in jail since 14.05.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 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. 9. 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 recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 10. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised 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”. 11. Learned A.G.A./State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicants. 12. It is 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 applicants 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. 13. 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 in institution of FIR and there being no explanation BAIL No. 32679 of 2025 2 of the injuries sustained by the applicants, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 14. The bail application is allowed. 14. Let the applicants- Shera and Madan @ Radhemohan, who is involved in aforementioned case crime be released on bail on 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 7, 2025 (Ravi Kant) BAIL No. 32679 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad