HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10682 of 2024 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.46 of 2024, under Sections 302,34 IPC,Police Station Baba Bazar, District Faizabad. 3. In terms of the FIR, allegations were levelled that the son of the informant was sitting at a shop when two of the accused, named in the FIR and two unknown persons, armed with Lathi-Danda and iron rod stated hitting on the head of the son, which resulted in substantial injuries. Initially, the FIR was lodged under Section 307 IPC, however, after the death of the injured, the applicant was being prosecuted under Section 302 IPC. 4. The contention of the Counsel for the applicant is that even in terms of the statement of the eyewitness, the role of carrying wooden Danda was assigned to the applicant. He further argues that the nature of the injuries received are not attributable from wooden stick, which was assigned to the applicant. He further argues that PW-1 could not identify the applicant during trial and stated that he did not know the applicant. It is further argued that the applicant is in custody since 23.03.2024 and has no criminal antecedents. 5. The Counsel for the informant strongly opposed the bail prayer by Versus Counsel for Applicant(s) : Sandeep Kumar(Trivedi) Counsel for Opposite Party(s) : G.A., Jaleel Ahmad Puttilal Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) arguing that the applicant was brought from the Jharkhand to commit the offence in question and considering the severity of the offence where all the accused had beaten to the son of the informant, which resulted in substantial injury and subsequent death, which is evident from the postmortem report. He further argues that in these circumstances and considering the gravity of the offence, the applicant is not entitled for bail. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the submissions made at the bar and in terms of the FIR; the applicant is not named in the FIRl; the applicant was assigned the role of carrying wooden Danda; the recovery of wooden Danda at the instance and the pointing out of the applicant was not in the presence of independent witness coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 23.03.2024, 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 Puttilal Rawat 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. December 12, 2025 akverma BAIL No. 10682 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench