HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7278 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri Harsh Pratap Singh, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.261 of 2023, under Section 302 IPC & Section 4/25 of Arms Act, P.S. Mahanagar, District Lucknow. 4. FIR in question was lodged alleging that daughter of the informant was married to the applicant and on 04.11.2023 the applicant had attacked the daughter and because of the injuries sustained, she died. Cause of death, as per the postmortem report, is antemortem injuries. There are three injuries present in terms of the postmortem report which are stab wounds on the chest, mid back as well as the side back of the chest. 5. In the light of the said allegation, learned counsel for the applicant argues that the applicant had also sustained substantial injuries as is evident from the photographs annexed alongwith the bail application. It is also argued that two child witness have already been examined and the applicant having no criminal antecedents is in custody since 06.11.2023. 6. Learned counsel for the informant, on the other hand, strongly opposes the Versus Counsel for Applicant(s) : Mohd Agha Haider Rizvi, Akash Deep Singh, Atul Verma Counsel for Opposite Party(s) : G.A., Ajeet Kumar Singh Aditya Kapoor .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail application by arguing that Session Court itself had declared the child witness as vulnerable witness and it is the applicant who was trying to run from the spot and jumped from the balcony which has resulted in the injuries sustained by him. As such, considering the gravity of the offence, the bail application should be rejected. 7. Considering the submissions made at the Bar, the fact remains that the applicant and the deceased were husband and wife; the allegations are against the applicant of having attacked the victim on account of a fight that had ensued in between the parties as is evident from the statement of the informant itself. 8. In view thereof, considering the fact that the entire incident allegedly shown is on account of a fight in between the husband and wife coupled with the fact that two witnesses have already been examined, the applicant who has no criminal antecedents and there being nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial, is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Aditya Kapoor 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 13, 2025 nishant BAIL No. 7278 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench