Allahabad High Court (Siddharth, J.), Order dated 7.3.2025 (Neutral Citation 2025:AHC:33594): Second CRIMINAL MISC. BAIL APPLICATION No. 1329 of 2025 of Hanuman Tiwari in Case Crime No. 331 of 2022, under Sections 302, 307, 452, 34 IPC, Police Station Naini, District Prayagraj, allowed during pendency of trial. The first bail application had been rejected by this Court on 12.12.2023 with a direction to the trial court to conclude the trial preferably within one year; only four of twenty-one prosecution witnesses had been examined till date; the applicant was in jail since 7.7.2022. Counsel argued false implication and that PW-4, the doctor, opined the deceased's head injury was caused by a bomb with no firearm-injury traces despite the earlier allegation of firing from multiple weapons; the informant's counsel and AGA opposed bail. Granting bail 'without expressing any opinion on the merits of the case', the Court relied on uncertainty regarding conclusion of trial, one-sided investigation ignoring the accused's side, the under-trial's fundamental right to speedy trial under the larger mandate of Article 21, the Apex Court dictum in Manish Sisodia v. Directorate of Enforcement (Criminal Appeal No. .../2024, paragraph no.53), and 5-6 times overcrowding in jails over and above capacity by under trials. Bail on personal bond and two sureties each in the like amount, subject to conditions: no tampering with evidence or threatening witnesses; undertaking against seeking adjournments when witnesses are present; presence on each date fixed (absence without sufficient cause actionable under Section 229-A IPC); on misuse, proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC on failure to appear; presence in person at opening of case, framing of charge and Section 313 Cr.P.C. statement; breach of any condition a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds accepted.
