HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6436 of 2025 CONNECTED WITH CRIMINAL MISC. BAIL APPLICATION No. - 8622 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit and counter affidavit are taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State; Shri Suresh Kumar Upadhyay, learned counsel for the informant and perused the record. 3. The applicants seek enlargement on bail in FIR No.17 of 2025, under Section 103, 3(5) of BNS, P.S. Kotwali Nagar, District Sultanpur. Versus Counsel for Applicant(s) : Sudhir Kumar Misra, Atul Kumar Singh, Brijesh Kumar Yadav, Mohd. Khurshid Akhtar, Zeba Haneef (Km.) Counsel for Opposite Party(s) : G.A., Suresh Kumar Upadhyay, Vijay Kumar Tripathi Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Shailendra Pathak, Suresh Kumar Upadhyay, Vijay Kumar Tripathi Iqlakh Ahmad @ Dabar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Abdul Jameel @ Munna .....Applicant(s) State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. .....Opposite Party(s) 4. In terms of the FIR, allegations were levelled that on 07.01.2025 father of the informant left his home when the children of the earlier wife of the father attacked him with the use of hammer and Kulhadi on the head and thereafter, fled away. Subsequently, the father was declared dead when brought to the hospital. 5. In the light of the said, submission of learned counsel for the applicants is that during trial, the statement of the informant who is eyewitness also was recorded wherein he assigned the role of catching hold to Jameel and the role of attacking was assigned to Iqlakh. As regards Jameel, it is stated that Jameel has no criminal antecedents and no recovery was affected from the applicant Jameel. As regards Iqlakh, it is alleged that he has criminal antecedents of one case under Section 302 IPC in which Iqlakh was enlarged on bail in the year 2019. It is further argued that no recovery was affected from Iqlakh also, and considering the fact that both the accused are in custody since 08.01.2025, they may be enlarged on bail. 6. Learned counsel for the informant and learned AGA strongly opposed the bail application by arguing that the injuries inflicted on the deceased are substantially on the head which are also the cause of death and considering the manner in which an old man aged about 70 years has been killed by his own two sons, the bail applications deserve to be rejected. It is further argued that the applicants are not cross-examining the witnesses which is resulting in delay in trial. 7. Considering the submissions made at the Bar, in terms of the FIR allegations were levelled against both the applicants, however, in the testimony, the role of attacking was assigned to Iqlakh and role of catching over was assigned to the accused Jameel. 8. As the applicant Jameel has no criminal antecedents and role of attacking was not assigned to him, the applicant Jameel is entitled to be enlarged on bail. In view thereof, Criminal Misc. Bail Application No.8622 of 2025 is allowed. 9. Let the applicant Abdul Jameel @ Munna 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 BAIL No. 6436 of 2025 2 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. 10. As regards applicant Iqlakh, specific role of attacking is assigned to him and he also has a criminal antecedents under Section 302 IPC and while on bail he has committed the present offence, as such, no good ground for bail of applicant Iqlakh is made out. Hence, Criminal Misc. Bail Application No.6436 of 2025 is rejected. 11. Trial Court concerned is directed to expedite the trial. 12. It is made open that the applicant Iqlakh Ahmad @ Dabar would be able to revive his bail plea after the fact witnesses are cross-examined. December 11, 2025 nishant BAIL No. 6436 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench