HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13169 of 2023 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.63 of 2023, under Sections 302, 307 IPC, Police Station Palia, District Kheri. 3. In terms of the FIR, it was alleged that on account of property dispute, the applicant, who is the brother of the deceased, attacked on the husband of the informant with a sharp edged weapon (sward). It was also alleged that the applicant also attacked on the son of the informant aged about 14 years, in which, he sustained substantial injuries and thereafter died. The informant also suffered injuries, for which, she was admitted in the hospital. The postmortem report on record indicates as many as six incised wounds on the neck of the deceased, which was the cause of death. 4. The Counsel for the applicant, in the light of the aforesaid allegations, argues that the applicant is in custody since 15.02.2023 and only four witnesses have been examined so far out of total 18 witnesses. He argues that two facts witnesses have been examined, who deposed that on account of the efforts to intervene in the property and in the fit of anger, the offence in question was occurred. Versus Counsel for Applicant(s) : Ayodhya Prasad Mishra A.P. Mishra, Ayush Shukla, Jaylaxmi Upadhyay, Rituraj Mishra Counsel for Opposite Party(s) : G.A., Adarsh Srivastava, Deo Raj Singh Mohd. Ibrahim .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home, Lko. .....Opposite Party(s) 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the facts witnesses have been examined and prima facie, intent to commit the offence appears to be missing in view of there being a fight for property; the applicant has no criminal antecedents and the applicant has suffered pretrial detention of more than two and a half years, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Mohd. Ibrahim 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. 13169 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench