KAMAL DEV YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/10867/2024 · 2025-10-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184613 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10867 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.47 of 2024, under Sections 147, 148, 323, 504, 506, 302, 34 IPC, Police Station Antu, District Pratapgarh. 3. In terms of the FIR, it was alleged that father of the informant aged about 72 years was coming from agricultural field after driving the stray animals, some villagers named in the FIR attacked on my father with feet, fist and axe with intention to kill him, which resulted into severe injuries and subsequently, he died due to stretch wound. 4. The Counsel for the applicant argues that general role was assigned to all the accused. The statement also indicates that altercation was ensued because of the light focused on the motorcycle. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the allegation and there being no allegation of mens rea coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 01.02.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail Versus Counsel for Applicant(s) : Kunwar Shankar Pratap Singh, Dharam Raj Singh, Manoj Kumar Mishra, Ram Yash Yadav, Shailendra Pratap Singh Counsel for Opposite Party(s) : G.A., Arvind Kumar Verma, Moni Singh, Vishwajeet Singh Kamal Dev Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
application is allowed. 7. Let the applicant Kamal Dev Yadav 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. 10867 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench