HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2001 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.238 of 2018, under Section 394, 302 IPC, P.S. Hargaon, District Sitapur. 3. In terms of the FIR it was alleged that some unknown person was trying to steal a goat of the informant and when resisted, while running a fire wound was inflicted which hit the husband of the informant in the stomach who subsequently died. No one was named in the FIR. Subsequently, a statement was given that the applicant and the other co-accused were chased and the son of the informant caught hold of them. Another statement was given that in the effort to resist the theft of the goat, a fight ensued and one of the persons fired which hit the deceased. In the light of the said, it is argued that the applicant has been linked based upon subsequent story told by the witnesses whereas no such thing was stated in the FIR. 4. Learned counsel for the applicant argues that the applicant is in custody since 06.08.2018. As regards the criminal antecedent, the same has been explained in Para 36 of the bail application. It is further argued that 14 of the fact witnesses have already been examined. 5. Learned AGA has opposed the bail application and argued that the applicant has as many as 16 cases of criminal history, which read as under: Versus Counsel for Applicant(s) : Akhil Bajpai, Ambrish Kumar Dwivedi, Madima Trivedi Counsel for Opposite Party(s) : G.A. Santosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) "(1) Case Crime No.248 of 2018, under Section 25(1-B) Arms Act, P.S. Hargaon (2) Case Crime No.018 of 2010, under Section 307 IPC, P.S. Hargaon (3) Case Crime No.20 of 2010, under Section 25(1-B) Arms Act, P.S. Hargaon (4) Case Crime No.76 of 2010, under Section 110 Cr.P.C., P.S. Hargaon (5) Case Crime No.84 of 2013, under Section 457/380 IPC, P.S. Hargaon (6) Case Crime No.164 of 2013, under Section 110(G), P.S. Hargaon (7) Case Crime No.114 of 2016, under Section 41/411, 420 IPC, P.S. Hargaon (8) Case Crime No.41 of 2016, under Section 307 IPC, P.S. Hargaon (9) Case Crime No.231 of 2017, under Section 380, 411, 457 IPC, P.S. Hargaon (10) Case Crime No.61 of 2006, under Section 380, 411 IPC, P.S. Hargaon (11) Case Crime No.92 of 2011, under Section 110(G), P.S. Hargaon (12) Case Crime No.203 of 2013, under Section 3(1) UP Control of Goondas Act, P.S. Hargaon (13) Case Crime No.479 of 2008, under Section 307 IPC, P.S. Hargaon (14) Case Crime No.486 of 2009, under Section 110(G), P.S. Hargaon (15) Case Crime No.245 of 2006, under Section 8/20 NDPS Act, P.S. Hargaon BAIL No. 2001 of 2025 2 (16) Case Crime No.480 of 2008, under Section 25(1-B) Arms Act, P.S. Hargaon" 6. Considering the pre-trial detention of more than seven years suffered by the applicant and on the said sole ground alone, the applicant is entitled to be enlarged on bail, more so, when there is nothing on record to demonstrate that the applicant, if enlarged on bail, can have any adverse effect on trial as all the fact witnesses have been examined. In view thereof, the application is allowed. 7. Let the applicant Santosh Kumar 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. 2001 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench