Kamlesh v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko

2. The present bail application has been filed seeking enlargement on bail in FIR No.340 of 2025, under Section 115(2), 352, 351 (2), 105, 3(5) of BNS, Police Station Lalganj, District Raebareli.

3. The FIR in question was lodged alleging that there was an old enmities in between the parties and today at about 7:30 PM, the accused persons came and hurling abuses and when it was resisted, the accused assaulted by rod to the father-in-law and thereafter ran away, which resulted into substantial injury. The father-in-law died after 12 days of the incident due to antemortem septicemia. Two injuries noted in the postmortem report were on left elbow joint and the abrasion present in lumbar region.

4. Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the injuries which were allegedly inflicted on non-vital part and the cause of death due to septicemia, prima faice a case for bail is made out particularly when the applicant has no criminal antecedents and is in custody since 04.08.2025. Accordingly, the bail application is allowed.

6. Let the applicants Avdhesh and Suraj be released on bail in the aforesaid first information report number on their furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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."

5. It is further stated that the applicant, having no criminal history, is in judicial custody since 01.11.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

6. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant. 3 BAIL No. 11564 of 2025

7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused persons has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

8. Let the applicant-Kamlesh be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

9. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with 4 BAIL No. 11564 of 2025

10. As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

11. Application is disposed of. December 1, 2025 Arti/- (Saurabh Lavania,J.) ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

2. The present bail application has been filed seeking enlargement on bail in FIR No.340 of 2025, under Section 115(2), 352, 351 (2), 105, 3(5) of BNS, Police Station Lalganj, District Raebareli.

3. The FIR in question was lodged alleging that there was an old enmities in between the parties and today at about 7:30 PM, the accused persons came and hurling abuses and when it was resisted, the accused assaulted by rod to the father-in-law and thereafter ran away, which resulted into substantial injury. The father-in-law died after 12 days of the incident due to antemortem septicemia. Two injuries noted in the postmortem report were on left elbow joint and the abrasion present in lumbar region.

4. Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the injuries which were allegedly inflicted on non-vital part and the cause of death due to septicemia, prima faice a case for bail is made out particularly when the applicant has no criminal antecedents and is in custody since 04.08.2025. Accordingly, the bail application is allowed.

6. Let the applicants Avdhesh and Suraj be released on bail in the aforesaid first information report number on their furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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."

5. It is further stated that the applicant, having no criminal history, is in judicial custody since 01.11.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

6. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant. 3 BAIL No. 11564 of 2025

7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused persons has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

8. Let the applicant-Kamlesh be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

9. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with 4 BAIL No. 11564 of 2025

10. As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

11. Application is disposed of. December 1, 2025 Arti/- (Saurabh Lavania,J.) ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench