HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4102 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.691 of 2024 under section 103(1) BNS, P.S. Kotwali Gola, District Lakhimpur Kheri. 3. In terms of the FIR, allegations were levelled that the husband of the informant was standing outside his room on the road when the applicant; who had enticed the daughter of the informant around two years ago and a child was also born to them, subsequently, the daughter ran away with someone else because of which, the applicant had a dispute with the husband of the informant; hit the husband of the informant with the 'Banka', which resulted in his death. The cause of death, as per the postmortem report, is ante-mortem head injury. 4. The counsel for the applicant argues that the Banka was never recovered from the applicant and instead a pipe fitted with chain-sprocket was recovered at the instance and pointing out of the applicant in terms of the recovery memo. He further argues that even the said recovery is not in the presence of independent witnesses. The statement of the informant, who is also an eye witness corroborates the allegation. Even the independent witness has deposed that on account of an old enmity, the applicant, after an altercation hit him with some sharp instrument, which resulted in his death. Versus Counsel for Applicant(s) : Deo Raj Singh Counsel for Opposite Party(s) : G.A. Aman Balmiki .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. Learned AGA opposes the bail application . 6. Considering the fact that applicant who was alleged to have committed the offence and the testimony of eye witness is also on record, although recovery is not in the presence of any independent witness, the fact remains that the offence was allegedly committed on account of altercation, the premeditated intent is apparently missing. 7. In view thereof, the applicant who is in custody since 17.12.2024 and has no criminal history is entitled to bail. The bail application is allowed. 8. Let the applicant Aman Balmiki be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable 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. December 4, 2025 VNP/- BAIL No. 4102 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench