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2025 DAILYLAW 178193 (ALL)

KHUSHI RAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. CIVIL SECTT. LKO

BAIL/6848/2024 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6848 of 2024 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 FIR No.445 of 2022, under Sections 302 IPC, Police Station Kotwali Maigalganj, District Kheri. 3. In terms of the FIR, it was alleged that on 24.12.2022, when the informant was taking care of his agricultural field from animals, an information received that the son of the informant, who was at home, had been beaten by the accused named in the FIR and ran away. As per the postmortem report, the cause of death was due to ante mortem strangulation. The statements of the eyewitnesses on record demonstrate that on account of a petty dispute with regard to raising a partition wall, the offence in question had been caused by the applicant, however, on account of an anger, the name of the applicant's wife was included. A similar statement was also given by another witness. 4. The Counsel for the applicant argues that the co-accused, namely, Soneshree has been enlarged on bail by this Court vide order dated 17.07.2025. The applicant has criminal history of one case in which the applicant has never summoned. The applicant is in custody since 13.10.2023. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Dileep Kumar Yadav, Dinesh Kumar Counsel for Opposite Party(s) : G.A. Khushi Ram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko .....Opposite Party(s) 6. Considering the statement of the witnesses that the offence in question happened on account of a petty dispute and the fact that the applicant is languishing in jail since 13.10.2023 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Khushi Ram 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 6, 2025 akverma BAIL No. 6848 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench