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RESERVED OM 24.4.2026 DELIVERED ON 27.4.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11922 of 2026 Court No. - 44 HON'BLE SIDDHARTH, J. Heard Shri Sukhvir Singh, learned counsel for the applicant , learned A.G.A for the State and perused the material on record. This is the second bail application of the applicant. The first bail application of the applicant was rejected vide order dated 17.5.2025 directing the trial court to conclude the trial against the applicant as per section 309 Cr.P.C.( section 346 B.N.S.S..)
Learned counsel for the applicant has submitted that although it is a case of double murder, applicant is languishing in jail since 7.10.2022.He has no criminal history to his credit. Only five prosecution witnesses out of 18 have been examined before the trial court. Applicant is under trial and cannot be kept behind bar indefinitely.
Learned counsel for the applicant has further submitted that informant, P.W.1 has been examined before the trial court where she was confronted with her statement recorded under section 161 Cr.P.C. by the police.She has denied that she never gave such a statement to the police that applicant was having one sided love affair with deceased, Tanisha, nor she gave such statement that he had ill eye on Tanisha. She has admitted that applicant had no enmity with family of P.W.1.He has submitted that incident was caused by some one else but applicant has been falsely implicated in this case on the suspicion that he has having affair with Versus Counsel for Applicant(s) : Gyan Singh, Sukhvir Singh Counsel for Opposite Party(s) : G.A. Puneet @ Nanne .....Applicant(s) State of U.P. .....Opposite Party(s)
deceased, Tanisha . On the other hand learned A.G.A has opposed the prayer for bail. 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, Puneet @ Nanne , involved in Case Crime No.127 of 2022 , under Section-452,307,302,325 IPC, Police Station- Jasrathpur, District- Etah, 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. BAIL No. 11922 of 2026 2
(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. April 27, 2026 Atul K. Sri. BAIL No. 11922 of 2026 3 (Siddharth,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad