HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10109 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.221 of 2024, under Section 302, 504, 506 IPC, P.S. Padua, District Lakhimpur Kheri. 3. In terms of the FIR it was alleged that on account of a petty dispute, on 07.06.2024 the applicant who had come to the shop of the informant and was drunk wanted some goods on credit which was denied because of which at about 10, father of the informant was attacked by the said two persons with the use of lathi, danda etc., which subsequently resulted in his death. Medical report on record shows nine injuries which are on the eyebrows, abdomen, shoulders, thighs, pelvic region and part of the nose which is also the cause of death. 4. Submission of learned counsel for the applicant is that in terms of the statement of the witness it was alleged that the applicant was seen hitting with the fists. It is further argued that the applicant is in custody since 08.06.2024 and not even one witness has been examined so far. 5. Learned AGA has opposed the bail application. 6. Considering the nature of the injuries, prima-facie, the intent to commit Versus Counsel for Applicant(s) : Suyesh Pradhan, Aayush Dwivedi, Anil Singh, Shailesh Kumar Singh Counsel for Opposite Party(s) : G.A., Subhash Kumar Verma, Vikas Mishra Nand Kishor @ Gaddey .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. .....Opposite Party(s) the offence under Section 302 IPC cannot be said to be made out at this stage. The criminal antecedents of the applicant are duly disclosed in Para 18 of the bail application and in all the cases, the applicant is on bail. As such, in view of the pre-trial detention undergone by the applicant coupled with the fact that there is no likelihood of the trial being concluded in the near future, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Nand Kishor @ Gaddey 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 20, 2025 nishant BAIL No. 10109 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench