Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203794 (ALL)

RAM PRAKASH YADAV ALIAS PRAKASH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME, LKO.

BAIL/12015/2022 · 2025-10-16

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. - 12015 of 2022 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.139 of 2019, under Section 302 IPC, Police Station Rampur Kala, District Sitapur. 3. This is the second bail application. The first bail application was rejected for want of prosecution by this Court vide order dated 21.07.2022 passed in Bail Application No.4780 of 2020. 4. While arguing the second bail application, the Counsel for the applicant states that in terms of the FIR, when the deceased had gone to purchase something, as many as, five persons came and attacked the deceased with the use of Banka, which resulted into his death. The postmortem report indicates as many as 12 injuries, which were also the cause of death. The report of the trial court indicates that five prosecution witnesses have been examined. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the report of the trial court, prima facie, there is no likelihood of the trial being concluded at an early date coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 12.07.2019and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I Versus Counsel for Applicant(s) : Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Ram Prakash Yadav Alias Prakash .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home, Lko. .....Opposite Party(s) am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Ram Prakash Yadav @ Prakash be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 16, 2025 akverma BAIL No. 12015 of 2022 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench