HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8440 of 2023 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.83 of 2023, under Sections 147, 148, 149, 302, 120B IPC and Section 7 of Criminal Law (Amendment) Act, Police Station Kaisarganj, District Bahraich. 3. In terms of the FIR, it was alleged that the brother of the informant aged about 26 years was standing in front of the home, all the accused, who were 8 in number, came and took him and thereafter killed him with sharp edged weapon. Subsequently, in the statement, the informant alleged that the co- accused Jai Chand and Shanker were also carrying Banka. It is also alleged that the applicant was armed with lathi danda. The postmortem report on record indicates the presence of as many as 13 injuries on the body of the deceased. The cause of death was ascertained as ante mortem injuries. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the FIR discloses the sharp edged weapon, which was not used by the applicant as per the statement of the eyewitness; the co- accused Jogendra @ Jogindar Yadav has been enlarged on bail coupled with the fact that the applicant has explained criminal history of one case in paragraph-24 of the bail application and he is languishing in jail since 23.03.2023, I am of the view that the applicant is entitled to be released on bail. 6. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Avinash Kumar Srivastava, Bhupendra Veer Singh, K.K. Singh, Pawan Kumar Sharma, Rajesh Kumar Awasthi Counsel for Opposite Party(s) : G.A., Ankit Kumar Yadav, Sumit Chauhan, Umang Agarwal Sarvesh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Let the applicant Sarvesh Yadav be released on bail in the aforesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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. November 7, 2025 DiVYa BAIL No. 8440 of 2023 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench