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2025 DAILYLAW 185236 (ALL)

JAY BAHADUR v. STATE OF U.P. THRU. SECY. OF HOME, CIVIL SECTT. LKO.

/14650/2023 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 14650 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.64 of 2023, under Section 304 IPC, Police Station Khandasa, District Ayodhya/ Faizabad. 4. In terms of the FIR, it was alleged that the father-in-law of the informant was sleeping outside the home when his brother attacked on him with Banka, which resulted in substantial injury and thereafter he died. The postmortem report on record indicates as many as six injuries. The evidence on record suggest that on account of the property dispute, the offence in question was occurred. 5. The Counsel for the applicant argues that the applicant is in custody since 19.04.2021 and is aged about 62 years and has no criminal antecedents. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the pretrial detention suffered by the applicant, who is aged about 62 years and has no criminal antecedents coupled with the fact that only four witnesses have been examined and there is no likelihood of Versus Counsel for Applicant(s) : Prabhat Kumar Upadhyay, Amit Kumar Singh, Farooq Ayoob Counsel for Opposite Party(s) : G.A., Paritosh Shukla, Sukh Deo Singh Jay Bahadur .....Applicant(s) State Of U.P. Thru. Secy. Of Home, Civil Sectt. Lko. .....Opposite Party(s) the trial being concluded in near future, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicant Jay Bahadur 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 20, 2025 akverma BAIL No. 14650 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench