Neutral Citation No. - 2025:AHC-LKO:34678 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5053 of 2025 Applicant :- Akhilesh Rai Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Karunesh Singh,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 90 of 1989, under Sections 304, 342, 323, 504 I.P.C. and Section 7/3 of Prevention of Corruption Act, registered at Police Station Moosanagar, District Kanpur Dehat. 3. As per the prosecution case, while the informant's father was going on a bicycle with one Santosh, some P.A.C personnel caught them, treating them to be thief. They were beaten and handed them over to police. The Sub-Inspector of Police has beaten him with sticks due to which the informant's father died. 4. Santosh, who was accompanying the deceased at the time of arrest, stated that P.A.C personnel had intercepted them and handed them over to police but they had not beaten them. The deceased was beaten up in police custody, due to which he died. 5. It is submitted on behalf of the applicant that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The investigating officer has submitted a charge sheet on 19.07.1999. 7. A co-accused had filed an application under section 482 Cr.P.C No. 4570 of 1999 and proceedings of trial were stayed for a period of three months by means of an interim order dated 28.09.1999 and it was continued till the next date of listing on 17.12.1999. This application under Section 482 Cr.P.C was dismissed on 26.07.2016. Information of this order was not given to the trial court due to which the applicant has appeared with some delay. 8. The learned A.G.A has opposed the bail application. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the person who was accompanying the deceased, who has categorically stated that the P.A.C personnel has not assaulted the deceased, the applicant is aged about 50 years, the applicant is in jail since 4.2.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akhilesh Rai be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 5.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench