Neutral Citation No. - 2025:AHC:52185 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37516 of 2024 Applicant :- Rupesh @ Rupendra Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Inder Pal Singh Tomar,Manoj Kumar,Nushra Siddiqui Counsel for Opposite Party :- Saurabh Gour,G.A.,Shishu Pal Sharma Hon'ble Sameer Jain,J. 1. Heard Shri Vivek Mishra, Advocate holding brief of Shri Manoj Kumar, learned counsel for the applicant, Shri Pradeep Kumar, learned A.G.A. for the State-respondent and Shri V. K. Tripathi, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.194 of 2024, under Section 302 IPC, Police Station Khair, District Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits however, as per allegation, applicant committed the murder of his grandfather by crushing him through tractor and as per informant, he and his son were eye-witnesses but entire allegations levelled against the applicant are totally false. 4. He further submits that on the date of incident son of the informant was appearing in the examination at some other place and this fact is evident from the appearance sheet of the examination, which has been annexed at page 76 of the paper book and this fact clearly suggests that on the basis of false allegation, FIR of the present case has been lodged. 5. He further submits that there was absolutely no occasion for the applicant to commit the murder of his grandfather. 6. He further submits that actually it appears, in some other manner by some other person injury was caused and only with intention to grab the property of the deceased, uncle of the applicant lodged the FIR of the present case. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 24.04.2024 i.e. for last almost a year. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that there is specif allegation that applicant intentionally ran over tractor on his grandfather and incident has been witnessed by the informant himself and at this stage, there is no reason to disbelieve his statement, therefore, considering the nature of allegation levelled against the applicant, he should not be released on bail. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, it reflects, applicant is in jail in the present matter since 24.04.2024 i.e. for last almost a year but he is grandson of the deceased and as per allegation, he ran over tractor on him with intention to cause his death and as per prosecution, incident has been witnessed by the informant himself and this Court finds merit in the argument advanced by learned A.G.A. and learned counsel for informant that at this stage there is no reason to disbelieve his statement, therefore, I am not inclined to release the applicant on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Rupesh @ Rupendra is hereby rejected. 12. 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 :- 9.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad