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 State and perused the record.

2. This first bail application has been filed with regard to Case Crime No.85 of 2025 under Sections 140 (1), 140 (2), 119 (1), 127 (7), 191 (2), 115 (2), 352, 351 (3) & 3(5) BNS, P.S. Umri Begumganj, District Gonda.

3. As per contents of FIR in which applicant is not named, the incident is said to have taken place on 20.03.2025 at about 10:00 PM when the nominated persons allegedly abducted the applicant and his son and compelled them to execute the sale deed.

4. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that he is neither named in the FIR nor is there any allegation levelled against him. It is submitted that applicant has been introduced only on the basis that he is marginal witness of the sale deed. It is also submitted that nominated persons namely Sunil Kumar Singh has already been provided protection by this Court in Criminal Misc. Writ Petition No. 3530 of 2025 on the basis of his submission that the FIR has been lodged only to wriggle out of the sale transaction in view of the fact that sale consideration was given by cheque which was duly encashed in the account of informant. It is submitted that the applicant has explained previous criminal history of one case and is under incarceration since 21.04.2025.

5. Learned AGA appearing on behalf of State has opposed bail application but does not dispute the aforesaid submissions. It is admitted that previous criminal history of one case has been explained.

6. 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."

7. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that applicant is neither named in the FIR nor is there any allegation levelled against him and his name has been introduced only on account of the fact that he is marginal witness of the sale deed. Named accused Sunil Kumar Singh has already been provided protection by this Court as indicated hereinabove.

8. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

9. Accordingly bail application is allowed.

10. Let applicant- Indrasen @ Sonu 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 sufficient cause, the trial court may proceed against him under Section 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 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 BNSS. 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. Order Date :- 15.5.2025 Renu/- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.

2. This first bail application has been filed with regard to Case Crime No.85 of 2025 under Sections 140 (1), 140 (2), 119 (1), 127 (7), 191 (2), 115 (2), 352, 351 (3) & 3(5) BNS, P.S. Umri Begumganj, District Gonda.

3. As per contents of FIR in which applicant is not named, the incident is said to have taken place on 20.03.2025 at about 10:00 PM when the nominated persons allegedly abducted the applicant and his son and compelled them to execute the sale deed.

4. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that he is neither named in the FIR nor is there any allegation levelled against him. It is submitted that applicant has been introduced only on the basis that he is marginal witness of the sale deed. It is also submitted that nominated persons namely Sunil Kumar Singh has already been provided protection by this Court in Criminal Misc. Writ Petition No. 3530 of 2025 on the basis of his submission that the FIR has been lodged only to wriggle out of the sale transaction in view of the fact that sale consideration was given by cheque which was duly encashed in the account of informant. It is submitted that the applicant has explained previous criminal history of one case and is under incarceration since 21.04.2025.

5. Learned AGA appearing on behalf of State has opposed bail application but does not dispute the aforesaid submissions. It is admitted that previous criminal history of one case has been explained.

6. 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."

7. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that applicant is neither named in the FIR nor is there any allegation levelled against him and his name has been introduced only on account of the fact that he is marginal witness of the sale deed. Named accused Sunil Kumar Singh has already been provided protection by this Court as indicated hereinabove.

8. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

9. Accordingly bail application is allowed.

10. Let applicant- Indrasen @ Sonu 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 sufficient cause, the trial court may proceed against him under Section 269 BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 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 BNSS. 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. Order Date :- 15.5.2025 Renu/- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench