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2025 DAILYLAW 203592 (ALL)

ABHAY KUMAR @ PAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/8181/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8181 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.34 of 2020, under Section 304 IPC, P.S. Raniganj, District Pratapgarh. 3. In terms of the FIR it was alleged that on the date of the incident when the mother and father of the informant alongwith three nephews were sleeping in the room, the applicant who is son of the victim caused injury with the use of an Axe which resulted in the subsequent death. 4. In the light of the said, learned counsel for the applicant argues that the applicant is in custody since 31.01.2020 and has no criminal antecedent. It is further argued that out of total witnesses, four witnesses have already been examined which are fact witnesses. My attention is also drawn to the inconsistencies in the statement of the doctor with regard to the allegations levelled against the applicant. 5. Learned AGA has opposed the bail application. 6. Irrespective of the evidence that has come against the applicant, the fact remains that the applicant has suffered pre-trial detention of almost five years and has no criminal antecedent, thus, there is nothing on record at this stage to establish that the applicant, if enlarged on bail, can have any adverse effect on trial, as such, the applicant is entitled to be enlarged on bail. In Versus Counsel for Applicant(s) : Sunit Kumar Counsel for Opposite Party(s) : G.A. Abhay Kumar @ Pappu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) view thereof, the application is allowed. 7. Let the applicant Abhay Kumar @ Pappu 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 13, 2025 nishant BAIL No. 8181 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench