INDRAPAL KUSHWAHA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
/9275/2025 · 2025-11-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176566 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176566 (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. - 9275 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, 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 S.T. No.444 of 2021 arising out of FIR No.154 of 2021, under Section 302 IPC, Police Station Mohammadi, District Lakhimpur Kheri. 3. This is the second bail application. The first bail application was rejected vide order dated 11.09.2024 and directions were issued for recording the testimony of the witnesses. 4. In the light of the aforesaid, the submission of the Counsel for the applicant is that after the order dated 11.09.2025, two more witnesses have been examined, who have turned hostile and have not supported the prosecution case. It is also stated that out of total 30 witnesses, only 10 witnesses have been examined. The applicant is in custody since
10.09.2021. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the pretrial detention suffered by the applicant for more than 4 years and there is no likelihood of the trial being concluded in near future and the fact that two prosecution witnesses have turned hostile and the applicant has no criminal antecedents, I am of the view that the Versus Counsel for Applicant(s) : Khushnuma Bano Counsel for Opposite Party(s) : G.A. Indrapal Kushwaha .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s)
applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Indrapal Kushwaha be released on bail in the abovesaid 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 27, 2025 akverma BAIL No. 9275 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench