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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8334 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and perused the material brought on record. 2. The present second bail application has been filed on behalf of applicant in Case Crime No.149 of 2023, under Sections 323, 504, 506, 325, 308, 326, 304 IPC, Police Station Mehandawal, District Sant Kabir Nagar, with the prayer to enlarge the applicant on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 01.04.2024. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The first information report was lodged against the applicant and co-accused Surmeela and Sanjana, alleging that on the issue of drainage, they have assaulted the father of informant with handle of hand pump, resultantly, he sustained injuries and later on died. Learned counsel submitted that in the first information report only general allegations have been levelled against all the three accused persons. In fact, a quarrel has taken place amongst the women on the issue of drainage and deceased sustained injuries. In post mortem report only one injury has been shown on the body of deceased. It is further submitted that co-accused persons have already been granted bail and that there is no independent witness of the alleged incident. Even as per prosecution version alleged incident took place at spur of moment on account of dispute over drainage. It is further submitted that the first bail application of applicant was rejected by this Court vide order dated Versus Counsel for Applicant(s) : Satya Prakash Singh Counsel for Opposite Party(s) : G.A. Pradhumn Sahani .....Applicant(s) State of U.P. .....Opposite Party(s)
01.04.2024 and after that statement of all the material witnesses have been recorded before the trial court and thus there is no possibility of tampering with evidence. Applicant has no criminal history. It was stated that applicant has already undergone detention of more than 2 years and that there are number of formal witnesses, who are yet to be examined, and thus trial of the case is likely to take sufficient long time. Referring to aforesaid facts, it was submitted that applicant may be granted bail. 5.
Per contra, learned A.G.A. has vehemently opposed the bail application and submitted that role of assaulting the deceased with handle of hand pump has been assigned to applicant and that first bail application of applicant has already been rejected on merits. 6. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention of applicant, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 7. Let the applicant Pradhumn Sahani involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 8. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 9, 2025 CS/- BAIL No. 8334 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad