RAM KUMAR RATHAUR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/11395/2025 · 2025-12-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174130 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174130 (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. - 11395 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.576 of 2024, under Sections 352, 103 (1) of BNS, Police Station Kotwali, District Unnao. 3. In terms of the FIR, it was alleged that the brother of the informant was working in a factory. The applicant was also working in the said factory and on 20.08.2024, the applicant came and in the state of intoxication, both of them had fight, because of which, the applicant hitting with the cylinder, which resulted in severe injury and subsequent death. The cause of death, as per the postmortem report, is ante mortem injury, which are visible on the forehead, temporal region, pinna medial, wrist joint and left elbow joint. 4. The Counsel for the applicant draws my attention to the statement of the eyewitnesses, wherein, it has been stated that both of them used to fight regularly and on the said date also, they were having an altercation. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the postmortem report and the nature of the allegation, prima faice, the offence is committed in the state of intoxication and in Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Ram Kumar Rathaur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
the heat of moment, and apparently the premeditated intent is missing and the fact that the applicant has no criminal antecedents and is languishing in jail since 22.08.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7.
Let the applicant Ram Kumar Rathaur be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 3, 2025 akverma BAIL No. 11395 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench