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Allahabad High Court · body

2025 DAILYLAW 177447 (ALL)

GYANI v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.

/430/2024 · 2025-11-26

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 430 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.266 of 2023, under Section 302 IPC, P.S. Fatehpur Chaurasi, District Unnao. 3. In terms of the FIR it was alleged that brother of the informant used to stay with his mother and on account of a petty dispute with regard to serving food to the buffaloes, a dispute occurred when the applicant had allegedly attacked brother of the informant and killed him. Postmortem report on record indicates the cause of death as three injuries which are incised wounds. Subsequently, during investigation, three persons named in the FIR were charge-sheeted and the applicant was linked with the offence. 4. Contention of learned counsel for the applicant is that general allegations were levelled against all the accused. He further argues that the applicant is in custody since 22.08.2023 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the fact that allegations were against all the accused in terms of the FIR, subsequently the role of attacking was assigned to the applicant Versus Counsel for Applicant(s) : Ram Chandra Dwivedi, Ana Fatma, Anil Kumar Awasthi, Mohd. Salman, Mukhtar Ahamad, Rayees Ahmad Khan, Uday Pratap Singh, Virat Singh Counsel for Opposite Party(s) : G.A., Deepak Kumar Dwivedi Gyani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. .....Opposite Party(s) and the applicant has suffered more than two years in pre-trial detention and has no criminal antecedents coupled with the fact that the trial Court report indicates that the prosecution witnesses after two prosecution witnesses were examined, are not coming forward for which bailable warrants have also been issued, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Gyani 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. November 26, 2025 nishant BAIL No. 430 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench