State Of U.P. Thru. Prin. Secy. Home U.P. Lko. vs Party(s)

1. Heard Arvind Saroj, learned counsel for the applicant, Sri Jai Prakash Rai, learned Additional Government Advocate for the State of U.P. and perused the record.

2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 347 of 2021, under Sections 302 of I.P.C., Police Station Asandra, District Barabanki.

3. While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case.

4. It is stated that applicant was not named in the FIR, the name of the applicant surfaced during investigation. It is also stated that co-accused namely Ram Kishore has already been enlarged on bail by this Court vide order dated 12.11.2024 passed in Criminal Misc. Bail Application No.4916 of 2024. The relevant portion of the order dated 12.11.2024 reads as under:- "1. Heard learned counsel for the applicant, learned AGA and perused 2 BAIL No. 11638 of 2025 the record.

2. This is second application for bail of the accused-applicant seeking enlargement in FIR/Case Crime No.347 of 2021 under section 302 IPC, P.S. Asandara, District Barabanki. The first bail application of the accused applicant was dismissed for want of prosecution vide order dated 25.07.2023.

3. In terms of the FIR, it was alleged that an information was received that the sister of the informant was killed. Upon the perusal of the body, it was seen that there was a mark on the neck. No one was named in the FIR. Subsequently, based upon the statements of the witnesses, the applicant was linked with the offence in question. The cause of death, as per the postmortem report, is anti-mortem throttling. The applicant is in custody since 23.12.2021 and has no criminal antecedents, except for a minor offense under Section 323 IPC.

4. Considering the pre-trial detention undergone by the applicant of about four years, coupled with the fact that the applicant was not even named in the FIR, the applicant is entitled to bail. Thus the bail application is allowed.

5. Let the applicant Ram Kishore be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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."

5. It is further stated that the applicant, having no criminal history, is in judicial custody since 23.11.2021. 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.

7. Considering the facts and circumstances of the case, perusing the 3 BAIL No. 11638 of 2025 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-Lal Bahadur @ Lalloo 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

10. As this order relates to enlargement of the applicant on bail, it is 4 BAIL No. 11638 of 2025 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

1. Heard Arvind Saroj, learned counsel for the applicant, Sri Jai Prakash Rai, learned Additional Government Advocate for the State of U.P. and perused the record.

2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 347 of 2021, under Sections 302 of I.P.C., Police Station Asandra, District Barabanki.

3. While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case.

4. It is stated that applicant was not named in the FIR, the name of the applicant surfaced during investigation. It is also stated that co-accused namely Ram Kishore has already been enlarged on bail by this Court vide order dated 12.11.2024 passed in Criminal Misc. Bail Application No.4916 of 2024. The relevant portion of the order dated 12.11.2024 reads as under:- "1. Heard learned counsel for the applicant, learned AGA and perused 2 BAIL No. 11638 of 2025 the record.

2. This is second application for bail of the accused-applicant seeking enlargement in FIR/Case Crime No.347 of 2021 under section 302 IPC, P.S. Asandara, District Barabanki. The first bail application of the accused applicant was dismissed for want of prosecution vide order dated 25.07.2023.

3. In terms of the FIR, it was alleged that an information was received that the sister of the informant was killed. Upon the perusal of the body, it was seen that there was a mark on the neck. No one was named in the FIR. Subsequently, based upon the statements of the witnesses, the applicant was linked with the offence in question. The cause of death, as per the postmortem report, is anti-mortem throttling. The applicant is in custody since 23.12.2021 and has no criminal antecedents, except for a minor offense under Section 323 IPC.

4. Considering the pre-trial detention undergone by the applicant of about four years, coupled with the fact that the applicant was not even named in the FIR, the applicant is entitled to bail. Thus the bail application is allowed.

5. Let the applicant Ram Kishore be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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."

5. It is further stated that the applicant, having no criminal history, is in judicial custody since 23.11.2021. 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.

7. Considering the facts and circumstances of the case, perusing the 3 BAIL No. 11638 of 2025 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-Lal Bahadur @ Lalloo 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

10. As this order relates to enlargement of the applicant on bail, it is 4 BAIL No. 11638 of 2025 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