HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5965 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. This is the second bail application filed on behalf of the applicant, his first bail application was dismissed as not pressed vide order dated 14.03.2024. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Whereas, no one has put in appearance on behalf of the informant despite notice. 3. The applicant seeks enlargement on bail in FIR No.210 of 2022, under Sections 34/302, 323, 352, 307 IPC, P.S.- Asandhra, District- Barabanki. 4. In terms of FIR, it was alleged that on account of a petty dispute, the informant and the family members were attacked. It was further alleged that the accused named in the FIR had attacked with the common intent and the applicant was assigned the role of firing which hit the daughter of the informant, because of which, she died and the other two children were also injured. 5. In light of the above, learned counsel for the applicant argues that the applicant is in custody since 02.06.2022, having no previous criminal antecedents and the fact witnesses have already been examined. He further draws my attention to the inconsistencies in the statement of the eye witness recorded during trial filed along with rejoinder affidavit. 6. Learned AGA has opposed the bail application by arguing that the cause Versus Counsel for Applicant(s) : Anil Kumar Pandey, Rang Nath Misra Counsel for Opposite Party(s) : G.A., Anuj Kumar Gupta, Ashutosh Singh, Dharmendra Pratap Singh Hari Bahadur Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. .....Opposite Party(s) of death is attributable to the firing which has been assigned to the applicant and considering the gravity of the offence, the bail application should be rejected. However, he does not dispute that the applicant has no previous criminal antecedents. 7. Considering the facts and circumstances and on the basis of submissions made, it is evident that the offence is drastic in nature and the post mortem report on record corroborates with the allegation of the FIR, however, applicant has suffered pre-trial detention of more than three and a half years and has no criminal history. As all the fact witnesses have been recorded, there is no record to demonstrate that the applicant if, enlarged on bail, can have any adverse effect on the trial, thus, on the ground of substantial pre- trial detention and the fact witnesses having been examined, applicant, who has no criminal history and is in jail since 02.06.2022, is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Hari Bahadur Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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 she 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 18, 2025 V. Sinha BAIL No. 5965 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench