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2025 DAILYLAW 200505 (ALL)

BADLOO @ PREMPAL @ PREMLAL KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9455/2024 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9455 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Sachin Tiwari, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.64 of 2024, under Section 302, 323, 324, 325, 506, 452 IPC, P.S. Hathigawan, District Pratapgarh. 3. In terms of the FIR it was alleged that on 25.03.2024 all the accused named in the FIR including the applicant came to the home of the applicant for playing Holi and started smearing color on the daughter of the informant which was resisted upon which the daughter was thrown on the floor which resulted in breaking of three teeth and when the brother went to resist and interfered, he was hit with a knife on his head which resulted in substantial injury and subsequent death of the son of the informant. 4. In the light of the said, submission of learned counsel for the applicant is that the applicant is 67 years of age and has been roped in on account of enmity in between the family. It is further argued that the statement of PW 1 and PW 2 was recorded. My attention is drawn to the statement of PW 1 who has stated that in the first statement he had not deposed with regard to attack with knife. From the statements, general allegations have been levelled against all the accused without there being anything specific against the applicant of having caused the injury by use of brick or by the Versus Counsel for Applicant(s) : Praveen Shukla, Dinesh Kumar Pushpakar Counsel for Opposite Party(s) : G.A., Dinesh Kumar Mishra, Sachin Tiwari Badloo @ Prempal @ Premlal Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) knife. 5. Learned AGA has opposed the bail application. 6. Considering the said material and the fact that the applicant is 67 years of age and has no criminal antecedents, on that ground alone, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Badloo @ Prempal @ Premlal Kashyap 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 13, 2025 nishant BAIL No. 9455 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench