HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6118 of 2025 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. 78 of 2024,under sections 302 IPC, P.S. Gazipur, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that brother of the informant, the applicant herein, was seen going towards the father of the informant and subsequently on 19.2.2024 he came back. Thereafter it was seen that father was not responding and died on account of injuries sustained. It was stated that beneath the almirah a hammer was found and thus it was alleged that the applicant had committed the offence of killing his father with the use of hammer. The cause of death as per post mortem report is three injuries on right side of head of deceased. The applicant was apprehended based upon confessional statement and recovery of hammer which according to learned counsel for the applicant is not in presence of independent witness. In the inquest report also apprehension was expressed that the victim was killed on account of he being hit by hammer and the post mortem report also corroborate the allegation. The recovery of hammer is not in presence of independent witness. It is argued that the applicant is in custody since 20.2.2024 and the trial has not even started. The applicant has one criminal history of minor offence in which he is enlarged on bail. Versus Counsel for Applicant(s) : Mohammad Alishah Faruqi, Azizullah Khan, Obaidullah Counsel for Opposite Party(s) : G.A. Hemant Saini .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the pre trial detention undergone by the applicant of two years and 9 months and the trial not even started, however, without commenting upon the merits of the case, the applicant who is in jail since 20.2.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Hemant Saini be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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 17, 2025 J. K. Dinkar BAIL No. 6118 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench