HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6287 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Brijesh Kumar Verma, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 15 of 2024, under Sections 302/34 IPC, PS Mitauli, District Lakhimpur Kheri. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 10.1.2024 at about 11:45 in the morning the son of the informant aged about 34 years had gone for working in agricultural filed when the accused who were four in numbers came armed with sharp instruments and attacked him which subsequently resulted in his death. Against the applicant it was alleged that he was carrying banka with which he caused the injury which resulted in the death. In the light of the said allegations learned counsel for the applicant argues that the co accused Jyoti and Neha were enlarged on bail vide orders which are on record. Although he does not claim parity with the said co accused he argues that in the cross examination one of the witness have admitted that there was no personal enmity of the informant with the applicant. It is further argued that the applicant is aged about 60 years and in jail since 16.1.2024. Versus Counsel for Applicant(s) : Uma Kant, Shrayansh Verma Counsel for Opposite Party(s) : G.A., Brijesh Kumar Verma, Himanshu Singh Patel Ram Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Learned counsel for the informant on the other hand opposed the bail application by arguing that specific role of attack by banka was assigned against the applicant as is evident from the statement of four witnesses who have already been examined. He further argues that the offence was committed in broad daylight and thus the bail application be rejected on that ground. It is further argued that two witnesses are yet to be examined and thus appropriate directions may be issued for recording their testimony before grant of bail. 6. He however does not dispute that the applicant has no criminal history and the tentative age of the applicant is around 58 years. 7. With regard to age of applicant learned counsel for the applicant has produced the voter id and Aadhar card which shows the the tentative age of the applicant around 61 years. 8. Considering the fact that four of fact witnesses have already been examined, the tentative age of the applicant is around 61 years and there is nothing on record to demonstrate that if the applicant is enlarged on bail he can adversely affect the trial as also the fact that the applicant has suffered pre tiral detention of almost two years, however, without commenting upon the merits of the case, the applicant who is in jail since 16.1.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Ram Prasad 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 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. BAIL No. 6287 of 2025 2 10. The applicant is however directed to comply with the directions given by this Court while disposing of the bail application of the co accused Neha vide its order dated 21.6.2024 passed in Criminal Misc Bail Application No. 6795 of 2024. October 27, 2025 J. K. Dinkar BAIL No. 6287 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench