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2025 DAILYLAW 184025 (ALL)

RAM KISHORE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

BAIL/4916/2024 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4916 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is second application for bail of the accused-applicant seeking enlargement in FIR/Case Crime No.347 of 2021 under section 302 IPC, P.S. Asandara, District Barabanki. The first bail application of the accused applicant was dismissed for want of prosecution vide order dated 25.07.2023. 3. In terms of the FIR, it was alleged that an information was received that the sister of the informant was killed. Upon the perusal of the body, it was seen that there was a mark on the neck. No one was named in the FIR. Subsequently, based upon the statements of the witnesses, the applicant was linked with the offence in question. The cause of death, as per the postmortem report, is anti-mortem throttling. The applicant is in custody since 23.12.2021 and has no criminal antecedents, except for a minor offense under Section 323 IPC. 4. Considering the pre-trial detention undergone by the applicant of about four years, coupled with the fact that the applicant was not even named in the FIR, the applicant is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Ram Kishore be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable Versus Counsel for Applicant(s) : Avinash Kumar Srivastava, Krishna Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ram Kishore .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) sureties each of the like amount 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 12, 2025 VNP/- BAIL No. 4916 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench