HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2633 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Akber Ahmed, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.129 of 2024, under Section 302/34 IPC, P.S. Jethwara, District Pratapgarh. 3. In terms of the FIR allegations were levelled that on account of an old enmity with regard to dispute arising out of some payment for the sale of land which had taken place, on 08.06.2024 father of the informant was beaten up by all the accused with the use of Kulhadi, Fawda etc., which resulted in substantial injuries and subsequent death. Postmortem report on record indicates the cause of death as antemortem injuries which are 7 in number which include lacerated wound on the parietal region and contusion on the forehead. 4. In the light of the said allegation and the postmortem report, learned counsel for the applicant argues that there were two eyewitnesses of the incident - one of the witnesses Asjad has denied witnessing anybody hitting the deceased; the other witness, as per the applicant, has been Versus . Counsel for Applicant(s) : Ramakar Shukla . Counsel for Opposite Party(s) : G.A., Akber Ahmad, Wali Nawaz Khan Chandramani Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) discharged and has not been produced by the prosecution. Charge sheet on record indicates that there are other eyewitnesses also which according to the applicant are not the eyewitnesses as one of the statements has been shown which demonstrates that they were not eyewitnesses to the incident. It is further argued that the fact witnesses have been examined, and the applicant has no criminal antecedents and is in custody since 11.06.2024. 5. Learned counsel for the informant strongly opposes the bail application by arguing that offence in question was committed on account of an enmity and the intent is clear inasmuch as the nature of injuries on the body of the deceased indicates that prima-facie severe injuries were caused by the accused. He further argues that the weapon used for the offence namely Fawda at the instance and pointing out of the applicant is not in the presence of independent witnesses. He, thus, says that the bail application should be rejected. 6. Learned AGA has opposed the bail application. 7. Considering the statements made at the Bar, as the fact witnesses have been examined and one of the eyewitnesses has not supported the prosecution coupled with the fact that the applicant has suffered pre-trial detention since 11.06.2024 and has no criminal antecedents, thus, there is no material to suggest that the applicant, if enlarged on bail, can have any adverse effect on trial at this stage, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Chandramani Tiwari 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 BAIL No. 2633 of 2025 2 dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 25, 2025 nishant BAIL No. 2633 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench