MISC. BAIL APPLICATION No. - 28456 of Pradumn State of U.P v. Directorate of Enforcement

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Pradumn with a prayer to release him on bail in Case Crime No. 145 of 2025, under Section 115(2), 118(1), 118(2) B.N.S. 2023, Police Station-Jasrana, District-Firozabad during pendency of trial.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He has committed no offence. It is next submitted that co-accused Ramakant has already been granted bail by the co-ordinate Bench of this Court vide order dated 23.09.2025 passed in Criminal Misc. Bail Application No. 32750 of 2025. It is also submitted that charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. He is languishing in jail since 24.05.2025.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the above facts. 2 BAIL No. 28456 of 2025

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 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. (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 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 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 3 BAIL No. 28456 of 2025 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.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 25, 2025 SY (Santosh Rai,J.)