Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in

1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State while power on behalf of informant has been filed by Mr. Avnish Kumar Tiwari, Advocate which is taken on record. Supplementary afÏdavit filed today in Court is also taken on record.

2. This first bail application has been filed with regard to Crime No.298 of 2023, under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Majhila, District Hardoi.

3. It is submitted that as per gang chart, applicant is shown involved in two cases bearing Case Crime No.123 of 2023, under Sections 341, 147, 148, 149, 307, 302, 506, 120-B IPC and Case Crime No.204 of 2021, under Sections 323, 504, 506 IPC in which applicant has already been enlarged on bail by this Court in Bail Application No.1641 of 2025 and by the Trial Court in Bail Application No.611 of 2025 respectively. It is submitted that applicant was also shown involved in another Case Crime No.428 of 2019 in which he has not been charge-sheeted. The copy of charge-sheet has been brought on record by means of supplementary afÏdavit.

4. Learned A.G.A. and learned counsel for complainant have opposed the prayer for bail with the submission that after grant of bail to the applicant, he and his family members are threatening the applicant. He has also adverted to the fact that earlier Case Crime No.123 of 2023 is a case of double murder in which family member and friend of complainant were murdered by the applicant and co-accused. It is therefore submitted that the present bail application may be rejected.

5. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that applicant has already been enlarged on bail in the cases indicated against him in the gang chart. He has also particularly been enlarged on bail in the Case Crime No.123 of the 2023 pertaining to double murder. However it is admitted by learned counsel for complainant that the applicant is still under incarceration since 24.03.2023 and that no application for cancellation of bail or any fresh FIR has been registered against the applicant by the informant or any of his family member pertaining to threats being issued. Prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the afÏdavit filed in support of the application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case.

7. Accordingly bail application is allowed.

8. Let applicant Virendra Singh @ Bade Singh involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nayay Sanhita, 2023 (BNS). (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS). (iv) 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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient 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. Order Date :- 27.3.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State while power on behalf of informant has been filed by Mr. Avnish Kumar Tiwari, Advocate which is taken on record. Supplementary afÏdavit filed today in Court is also taken on record.

2. This first bail application has been filed with regard to Crime No.298 of 2023, under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Majhila, District Hardoi.

3. It is submitted that as per gang chart, applicant is shown involved in two cases bearing Case Crime No.123 of 2023, under Sections 341, 147, 148, 149, 307, 302, 506, 120-B IPC and Case Crime No.204 of 2021, under Sections 323, 504, 506 IPC in which applicant has already been enlarged on bail by this Court in Bail Application No.1641 of 2025 and by the Trial Court in Bail Application No.611 of 2025 respectively. It is submitted that applicant was also shown involved in another Case Crime No.428 of 2019 in which he has not been charge-sheeted. The copy of charge-sheet has been brought on record by means of supplementary afÏdavit.

4. Learned A.G.A. and learned counsel for complainant have opposed the prayer for bail with the submission that after grant of bail to the applicant, he and his family members are threatening the applicant. He has also adverted to the fact that earlier Case Crime No.123 of 2023 is a case of double murder in which family member and friend of complainant were murdered by the applicant and co-accused. It is therefore submitted that the present bail application may be rejected.

5. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

6. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that applicant has already been enlarged on bail in the cases indicated against him in the gang chart. He has also particularly been enlarged on bail in the Case Crime No.123 of the 2023 pertaining to double murder. However it is admitted by learned counsel for complainant that the applicant is still under incarceration since 24.03.2023 and that no application for cancellation of bail or any fresh FIR has been registered against the applicant by the informant or any of his family member pertaining to threats being issued. Prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the afÏdavit filed in support of the application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case.

7. Accordingly bail application is allowed.

8. Let applicant Virendra Singh @ Bade Singh involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nayay Sanhita, 2023 (BNS). (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS). (iv) 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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient 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. Order Date :- 27.3.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench