MANMOHAN ALIAS MOHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6833/2024 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143666 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6833 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material available on record. 2. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 607 of 2022, under Sections 302, 323, 504 and 34 I.P.C., Police Station Ramkot, District Sitapur. 3. The F.I.R. in question was lodged alleging that on 25.11.2022, the brother-in-law of the informant along with his three sons including the applicant, were cutting eucalyptus trees which was resisted by the husband and son and on account of the altercation that took place, all the issues started hitting with the use of 'farsa' and 'kulhari' which resulted in the death of the two victims. 4. Learned counsel for the applicant has drawn the attention of this Court towards the statement of the eye witnesses who have alleged the role of hitting with 'farsa' against Suneel, one of the co-accused as regards the applicant, the allegations are for use of 'danda' for hitting, however, the postmortem report on record does not corroborate or demonstrate the injury being caused by the 'danda'. As, the main accused is Suneel and, no allegation with regard to causing the injury resulting in the death have been alleged against the applicant, who is in custody since 26.11.2022 and has no criminal antecedents, he is entitled to be released on bail. 5. Learned A.G.A. has opposed the bail application. 6. Considering the fact that there is no specific allegation against the Versus Counsel for Applicant(s) : Anurag Singh, Archana Yadav, Kamlesh Kumar Gupta, Rachana Yadav Counsel for Opposite Party(s) : G.A., Santosh Kumar Tirpathi, Surekha Patel Manmohan Alias Mohan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
applicant coupled with the fact that he is in custody since 26.11.2022 without any criminal antecedents, the application is allowed. 7.
Let the applicant- Manmohan @ Mohan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 7, 2025 Praveen BAIL No. 6833 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench