SHERA @ RAM KISHOR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
BAIL/12591/2025 · 2025-12-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196905 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196905 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12591 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Shri Abdul Mukim, holding brief of Shri Faisal Ahmad Khan,
learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 399 of 2016, under sections 302 IPC, Sections 3(2)(5) SC/ST Act, P.S. Purwa, District Unnao.
3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant had committed murder of brother of the informant on account of a dispute as the applicant has allegedly married the mother of the informant after death of his father. The submission of
learned counsel for the applicant is that the applicant is in jail since 5.9.2016 and aged about 69 years. The criminal history of the applicant has been explained in paragraph 24 of the bail application which includes cases under Arms Act. Learned counsel for the applicant states that he could not apply for bail on account of his poverty.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the applicant is in custody since almost 10 years and there is no likelihood of conclusion of trial in near future and considering his age prima facie his rights under Article 21 of Constitution of India is violated, however, without commenting upon the merits of the case, the applicant who is in jail since 5.9.2016 is entitled to be enlarged Versus Counsel for Applicant(s) : Faisal Ahmad Khan Counsel for Opposite Party(s) : G.A. Shera @ Ram Kishor .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
on bail on the ground of substantial pre trial detention. In view thereof, the application is allowed.
6. Let the applicant Shera @ Ram Kishor be released on bail in aforesaid FIR number on his furnishing a personal bond 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. December 19, 2025 J. K. Dinkar BAIL No. 12591 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench