HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11245 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.405 of 2023, under Section 302 IPC, Police Station Gazipur, District Lucknow. 3. In terms of the FIR, it was alleged that on the date of the incident, the two brothers of the informant i.e. the applicant and the deceased, had a fight and the applicant attacked with a knife which resulted into severe injury and subsequently death. The cause of death, as per the postmortem report, was ante mortem stab wound. 4. In the light of the aforesaid allegations, the Counsel for the applicant argues that four fact witnesses have already been examined. The mens rea for causing injury was apparently missing. The applicant has no criminal antecedents and is in custody since 19.09.2023. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the submissions made at the Bar and the nature of the allegations levelled, prima facie, it appears that the offence took place on account of the allegations which do not include mens rea coupled with the fact that the applicant has no criminal antecedents and is languishing in Versus Counsel for Applicant(s) : Shrikant Tripathi, Kirti Kar Tripathi, Mahendra Singh Chaodhary, Prashant Shukla Counsel for Opposite Party(s) : G.A. Sandeep Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) jail since 19.09.2023, 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 Sandeep Kumar 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. October 29, 2025 akverma BAIL No. 11245 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench