Neutral Citation No. - 2025:AHC:41109 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2208 of 2025 Applicant :- Tunda Ram Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 28 of 2024, under Sections 302/34 IPC, 3/25 Arms Act, Police Station- Farah, District- Mathura, during pendency of the trial in the court below. 4. FIR of the present case was lodged against applicant and according to FIR, applicant by causing fire-arm injury committed the murder of father of the informant. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 6. He further submitted that in the FIR, only applicant was made accused but during investigation, when the statement of the informant was recorded then he also implicated his wife in the present matter and this fact clearly suggests that entire story narrated by the informant in the FIR is totally false. 7. He further submitted that however, apart from the present case, applicant is having criminal history of one another case of Section 302 IPC, in which, he was convicted but in the year 2018, he was enlarged on bail and considering the fact that present case is of the year 2024, it cannot be said that applicant is a habitual offender. 8. He further submitted that applicant is aged about 68 years and in the present matter, he is in jail since 26.01.2024 i.e. for last more than a year, therefore, considering the totality of facts and circumstances of the case, he should be released on bail. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the person, who caused fire-arm injury to the deceased and incident has been witnessed by number of witnesses. 10. He further submitted that earlier also applicant has been convicted for the offence under Section 302 IPC and when he was released on bail in that case in the year 2018 then again he committed the present crime, therefore, considering the totality of facts and circumstances of the case, he should not be released on bail. 11. I have heard both the parties and perused the record of the case. 12. However, it reflects, in the present matter, applicant is in jail for last more than a year but there is specific allegation against him that he caused fire-arm injury to the deceased and incident has been witnessed by number of witnesses. 13. Further, earlier also applicant was made accused in one another case of murder, in which, he was convicted by the trial court and when he was released on bail in that case in the year 2018 then again he committed the present offence. 14. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad