Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53007 of 2022

Applicant :- Akash Saini Urf Radhika

Opposite Party :- State of U.P.

Counsel for Applicant :- Naveen Singh

Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar

Hon'ble Siddharth,J.

Heard learned counsel for the applicant; Sri Rajeev Kumar Singh

Parmar, learned counsel for the informant; learned AGA for the

State and perused the material placed on record.

The instant bail application has been filed on behalf of the

applicant, Akash Saini Urf Radhika, with a prayer to release him

on bail in Case Crime No. 407 of 2022, under Sections 302, 201

IPC, Police Station Kotwali Fatehgarh, District- Farrukhabad,

during pendency of trial.

There is allegation against the applicant of causing murder of one

person and committing the offence of disappearance of dead body

of the deceased.

Learned counsel for the applicant has submitted that subsequently

evidence of last seen came against two co-accused persons,

namely, Sanjeev and Deepak. The applicant was found in the

company of co-accused, Deepak and was implicated in this case.

The recovery of knife has been shown from him. Knife is only

planted recovery, which was found from open place. The applicant

has been falsely implicated in this case. There is only evidence of

last seen against him and no other credible evidence against the

applicant. He has no criminal history to his credit and is languishing

in jail since 12.9.2022. In case, the applicant is released on bail, he

will not misuse the liberty of bail.

Per contra learned A.G.A. and learned counsel for the informant

have opposed the prayer for bail of the applicant by contending that

the innocence of the applicant cannot be adjudged at pre trial

stage, therefore, he does not deserves any indulgence. In case the

applicant is released on bail he will again indulge in similar activities

and will misuse the liberty of bail.

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; applicant being under-trial having fundamental right to

speedy; larger mandate of the Article 21 of the Constitution of

India, considering the dictum of Apex Court in the case of Satendra

Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No.

5191 of 2021, judgement dated 11.7.2022 and 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 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 of the Indian Penal Code.

(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. 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 of the Indian Penal Code.

(v) The applicant shall