BHAINU ALIAS RAM SWAROOP YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5986/2024 · 2025-11-21
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198501 (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. - 5986 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The applicant seeks enlargement on bail in Case Crime No. 210 of 2023, under Sections 147, 148, 149, 302, 307 and 324 I.P.C and 25(1-B) Arms Act, P.S. Khirabad, District- Sitapur. 3. In terms of the FIR, it is alleged that on 30/31.05.2023, the father and the mother of the informant were sleeping at the terrace and the applicant, who had an evil eye on the mother of the informant, came along with the other named accused persons and attacked the mother and the father of the informant with a country made pistol and banka, which resulted in the death of the mother of the informant. 4. The contention of learned counsel for the applicant is that the applicant was assigned the role of carrying a banka, however, the eye witness to the said incident, in his cross-examination, has stated that he could not recognise anyone as to who had attacked the mother and father of the informant. The statement of the eye witness has been filed along with the supplementary affidavit dated 24.10.2024. He further argues that the applicant is in custody since 04.06.2023, having no previous criminal antecedent. Therefore, he may be enlarged on bail. 5. Learned A.G.A has opposed the bail application. 6. Considering the said testimonial of the eye witness coupled with the fact that the applicant is in jail since 04.06.2023, having no criminal antecedents except for the one which is a minor offence, therefore, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Kunwar Ravi Prakash Counsel for Opposite Party(s) : G.A. Bhainu Alias Ram Swaroop Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7.
Let the applicant Bhainu Alias Ram Swaroop Yadav 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 she 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. November 21, 2025 DiVYa BAIL No. 5986 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench