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2025 DAILYLAW 130563 (ALL)

DESHRAJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/2624/2025 · 2025-07-23

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42283 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2624 of 2025 Applicant :- Deshraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- K.K. Singh,Ripu Daman Shahi Counsel for Opposite Party :- G.A.,Ramakar Shukla,Sumit Chauhan,Suresh Chandra Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.83 of 2023, under Section 147, 148, 149, 302, 120B IPC & Section 7 of Criminal Law (Amendment) Act, P.S. Kaiserganj, District Bahraich. 3. The first bail application was rejected by this Court vide order dated 28.08.2024. 4. In terms of the allegations it was alleged that the brother of the informant aged 26 years was brushing his teeth outside the home when the accused including the applicant came and surrounded him and after causing fire in the air, took the brother of the informant and thereafter inflicted wounds which resulted in his death. None of the persons present there resisted on account of fear. The postmortem report also reveals as many as 13 injuries on the body of the deceased. 5. The first bail rejection order records that the applicant has criminal antecedents of four cases. 6. It is argued that after the first witness was examined as noticed in the first bail rejection order and now other five witnesses have been examined, however, they have supported the prosecution story. 7. In view of the gravity of the offence and the manner in which the offence has been committed in broad day light which has resulted in creation of fear in the society coupled with the fact that the applicant has criminal antecedents of four cases, no good ground for bail is made out. 8. Present bail application is accordingly rejected. 9. Applicant would be entitled to move a fresh bail application after all the fact witnesses are examined. Order Date :- 23.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench