HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8780 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.1046 of 2022, under Section 302 IPC, P.S. Kotwali Sadar, District Kheri. 4. In terms of the FIR, allegations were levelled that the applicant and the deceased was sitting in front of the house when an altercation took place in between them with a Belcha which resulted in his death. Cause of death as per the postmortem report, is antemortem head injuries. The applicant is in custody since 07.09.2022 and has explained his criminal antecedents which include four cases under the Arms Act. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the alleged offence was committed on account of a petty altercation that took place, the premeditated intent is apparently missing. In view of the said fact coupled with the fact that the applicant has suffered pre-trial detention of more than three years and out of 20 witnesses only 4 witnesses have been examined so far, thus, there is no likelihood of the trial being concluded in the near future, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dharm Trivedi Counsel for Opposite Party(s) : G.A. Awadhesh @ Kunha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Let the applicant Awadhesh @ Kunha be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each 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 he 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. December 4, 2025 nishant BAIL No. 8780 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench