Neutral Citation No. - 2025:AHC:3087 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40530 of 2024 Applicant :- Vijay Kannaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri M.P.Tiwari, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.127 of 2024, under Section 103(1) BNS, Police Station Surauli, District Deoria during pendency of the trial. 3. FIR of the present case was lodged on 2.7.2024 at about 10.49 hours against the applicant and according to the FIR, on 01.7.2024 at about 9.00 in the late evening applicant committed the murder of his brother by causing injury to him through wooden stick. 4. Learned counsel for the applicant submits that applicant is the real brother of the deceased and on the basis of false allegation wife of the deceased implicated him in the present matter only with intention to grab the share of the property of the applicant. 5. He further submits that however, as per allegation applicant caused murder of his brother by causing injury to him through wooden stick but from the perusal of the post mortem report it reflects that deceased sustained incised wound and he died due to stab injury and, therefore, post mortem report completely belies the prosecution case. 6. He further submits that the alleged incident is said to have taken place on 01.7.2024 at about 9.00 PM in the late evening while FIR of the present case was lodged on 2.7.2024 at about 10.49 AM, i.e., after more than 12 hours and this fact suggests that some unknown persons in the night committed the murder of the deceased and subsequently only with intention to grab the share of the property of the applicant, wife of the deceased, i..e, 'bhabhi' of applicant lodged FIR of the present case on the basis of false allegation. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 3.7.2024, i.e, for the last more than six months. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is the real brother of the deceased and as per allegation he committed his murder by using wooden stick but from the perusal of the post mortem report it reflects that deceased sustained only one incised wound and as per Autopsy Surgeon he died due to stab injury and, therefore, argument advanced by the learned counsel for the applicant cannot be completely ruled out at this stage as prima facie incised would /stab can not be caused by wooden stick. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 3.7.2024, i.e., for the last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Vijay Kannaujiya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 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 :- 7.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad