Neutral Citation No. - 2025:AHC-LKO:8236 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12652 of 2023 Applicant :- Surendra Giri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Secrtt. Lko. Counsel for Applicant :- Uttam Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Head Sri Uttam Kumar Verma, the learned counsel for the applicant and Sri Abhishek Kumar Singh, learned State Counsel. 2. By means of the instant application, the applicant is seeking bail in Case Crime No. 13/2022, under Sections 147, 148, 149, 302, 307, 323, 324 IPC, Police Station Nighasan, District Kheri. 3. The aforesaid case has been registered on the basis of an FIR lodged on 07.01.2022 at 00:00 hours against six persons, including the applicant and his family members, stating that by levelling false allegations of theft of mobile phone, all the accused persons started beating the informant's father at about 07:00 p.m. on 06.01.2022. When the informant's mother and brother tried to intervene, the accused persons started assaulting them with an axe sticks causing serious injuries to the informant's mother, father and brother and her mother died on the spot. The father and brother of the informant suffered serious injuries. The post mortem examination report of the deceased mentions an incised wound, brain deep on top of head and a contusion over back of head. The cause of death has been opined to be comma as a result of ante mortem injuries. In the statement of the informant recorded under Section 161 Cr.P.C., she alleged that the applicant had made an assault with an axe and co-accused persons had made assaults with sticks. 4. An axe was recovered on the pointing out of the applicant. The axe, sticks, blood stained soil and clothes of the deceased were sent for forensic examination and as per forensic examination report, the axe had finger print of the applicant and blood stains were related to the blood sample of the deceased. 5. Having considering the aforesaid facts of this case, this Court is of the considered view that these facts do not warrant exercise of discretion of this Court while enlarging the applicant on bail. 6. Accordingly the bail application is rejected. 7. However, as the applicant is languishing in jail since 07.01.2020 and four prosecution witnesses have been examined, the trial court is directed to make every endeavour to conclude the trial expeditiously by fixing short dates and not granting any unnecessary adjournment to any of the parties. Order Date :- 7.2.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench