HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13217 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.91 of 2021, under Section 302, 201 IPC, P.S. Asiwan, District Unnao. 3. The first bail application was rejected on 01.04.2022. While arguing the present second bail application, learned counsel for the applicant argues that four of the fact witnesses have already been examined and the applicant is languishing in jail since 11.05.2021 and has no criminal antecedent other thena the offence in question. 4. In terms of the FIR, the allegations against the applicant are of committing murder of his own brother allegedly on account of some property dispute. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the applicant has no criminal antecedent, the fact witnesses have already been examined and the applicant has suffered pre- trial detention of more than 4 and 1/2 years, the applicant is entitled to be enlarged on bail on the ground of substantial pre-trial detention undergone and there being no material to suggest that the applicant, if enlarged at this Versus Counsel for Applicant(s) : Jalaj Kumar Gupta Counsel for Opposite Party(s) : G.A. Shiv Mohan .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. .....Opposite Party(s) stage, can have any adverse effect on trial. In view thereof, the application is allowed. 7. Let the applicant Shiv Mohan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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. October 15, 2025 nishant BAIL No. 13217 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench