HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32728 of 2025 Court No. - 70 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 Ramji Kushwaha with a prayer to release him on bail in Case Crime No.248 of 2025, under Sections 109(1), 317(2) and 317(4) B.N.S., Police Station Sipri Bazar, District Jhansi, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. No any police personnel sustained any kind of injury. False recovery has been shown from the possession of the applicant by the police personnel. No independent and reliable witness of the recovery has been examined during course of investigation. The police personnel has lodged 10 more cases after this incident on the basis of same recovery in the year of 2025. Criminal history of the applicant is of the year 2025 which has been explained in para-17 of the bail application and para-2 of the supplementary affidavit. It has been stated in the prosecution that 20 motorcycles were recovered on the pointing out of the accused-applicant, three persons namely Surendra Kushwaha, Vishal Yadav and Kamal Pal who were present on the spot. Thus prosecution version regarding 20 motorcycles recovered from the possession of the applicant is not reliable in this context. He further submitted that the applicant has 10 criminal history which has been explained in para-2 of the Versus Counsel for Applicant(s) : Saurabh Kumar Pandey Counsel for Opposite Party(s) : G.A. Ramji Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) supplementary affidavit and is languishing in jail since 04.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that 20 motorcycles have been recovered from the possession of the applicant. Chargesheet has not been filed in this case. Investigation is yet to be pending. He further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. 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; one sided investigation by police, ignoring the case of accused side; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. 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 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. BAIL No. 32728 of 2025 2 (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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Asha BAIL No. 32728 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad