KALLU RAIDAS v. STATE OF U.P. THRU. PRIN. SECY. OF HOME LKO. AND ANOTHER
BAIL/8111/2025 · 2025-10-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197874 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197874 (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. - 8111 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Ms. Shalini Yadav holding brief of Vibhanshu Srivastava appearing through DLSA for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.140 of 2020 under section 302 IPC, P.S. Machhrehta, District Sitapur. 3. The FIR in question was lodged alleging that on 29.06.2020, the brother of the informant was killed by the applicant with the use of a knife on account of old enmity. The cause of death as per the postmortem report is antemortem incised wounds on the upper part of the left side neck. 4. The counsel for the applicant draws my attention to the statement of the eye witness which was recorded during the trial, who is PW-3/1, wherein in the cross examination, he stated that it was a night and he could not identify the person who had caused the offence. 5. Irrespective of the same, the submission is that the applicant is in custody since 01.07.2020 and has no criminal history and is aged about 54 years. 6. Considering the substantial pretrial detention undergone by the applicant coupled with the fact that there is no material to suggest that the applicant if enlarged on bail can adversely affect the trial, the applicant is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Vibhanshu Srivastava Counsel for Opposite Party(s) : G.A. Kallu Raidas .....Applicant(s) State Of U.P. Thru. Prin. Secy. Of Home Lko. And Another .....Opposite Party(s)
7. Let the applicant Kallu Raidas be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a bail bond and one reliable surety of Rs.5000/- (Five Thousand) 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. 8.
8. In the event, the applicant is unable to furnish the surety, he will be granted time by the trial court of at least two months to furnish the surety and shall be released on interim bail in the meanwhile. October 10, 2025 VNP/- BAIL No. 8111 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench