HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7357 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and Ms Seema Kashyap, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 130 of 2025, under Sections 105, 115(2), 352, 351(2) BNS, P.S. Haiderabad, District Lakhimpur Kheri. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 27.4.2025 at about 11 AM when the victim was working in the agricultural fields the accused were irrigating the fields which led to a dispute and subsequently abuses were hurled and the informant was attacked with lathi, danda. The father of the informant tried to intervene and in the said intervention he also suffered injuries. In the light of the said allegations, learned counsel for the applicant argues the informant sustained simple injures as was evident from annexure no. 2 and subsequently he was admitted in hospital after about 3 days on 30.4.2025 and during the course of treatment he died. In the light of the said allegations and the material on record it is proposed to be argued that mens rea for causing offence specially against the diseased was apparently missing. Versus Counsel for Applicant(s) : Hari Bux Singh Counsel for Opposite Party(s) : G.A., Jayanti Shukla, Seema Kashyap, Vimlesh Kumar Sonker Hari Shankar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. Learned counsel for the informant strongly opposes the bail application by arguing that aged person of 60 yaers died on account of injuries inflicted by the accused. 6. Learned AGA has opposed the bail application. 7. Considering the nature of dispute and the injuries sustained on account of intervention of the deceased prima facie mens rea is missing, however, without commenting upon the merits of the case, the applicant who is in jail since 10.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant 10.5.2025 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 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 28, 2025 J. K. Dinkar BAIL No. 7357 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench