1 Neutral Citation No. - 2025:AHC:74028 Reserved On:- 01.05.2025 Delivered On:- 07.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44455 of 2024 Applicant :- Ankul Saini Opposite Party :- State of U.P. Counsel for Applicant :- Istyak Khan Counsel for Opposite Party :- G.A. Hon'ble Siddharth, J. 1. Heard Sri Istyak Khan, learned counsel for the applicant and learned A.G.A for the State. 2. The instant bail application has been filed on behalf of the applicant, Ankul Saini, with a prayer to release him on bail in Case Crime No. 217 of 2023, under Section- 302 IPC, Police Station- Nawabganj, District- Kanpur Nagar. 3. There is allegation in the F.I.R that informant is looking after the farm house of Rameshwar Singh Yadav, Ex-M.L.A. Today on 11.12.2023 at about 02:00 a.m in the night, he woke up to urinate and found that some persons are quarrelling on the gate of farm house. When he went there he found that one person was being beaten by bricks by three persons. He flashed torch light and saw that all the three persons had bricks in their hands. When he raised alarm all the three boarded on e-rickshaw and vanished. The unknown injured person died near the gate of the farm house. Information was given to the police accordingly. 4. Learned counsel for the applicant submits that the applicant was not named in the F.I.R. The informant did not named anyone in his statement recorded under Section 161 Cr.P.C. on 11.12.2023. Father of deceased, 2 Shivpal Singh Yadav, moved an application on 11.12.2023 i.e., the same day, before the S.H.O., Nawabganj, stating that his son (deceased) was residing in Kanpur Nagar for last six months on rent and was preparing for SSC examination. His neighbours, namely, Suraj Divakar, Ankul Saini and Lalit Nishad, were torturing him and threatening to kill him. On the basis of the aforesaid application of father of deceased, applicant was arrested along with two other co-accused and on their confessional statements were recorded by the police and their pointing out one jack rod was recovered from e-rickshaw of co-accused but there was no witness of recovery. The eye-witness informant was not made to identify the applicant and co- accused in any test identification parade since it was only the informant who saw the three accused persons. 5. Learned A.G.A has pointed out that after the recovery of jack rod, recovery of blood stained clothes, were also made from accused persons and they were arrested by the police on the date of incident itself. The mobile phone of deceased was recovered from the co-accused, Suraj Diwakar. He admitted that they were arrested along with e-rickshaw by the police. 6. Learned A.G.A has further pointed out that the deceased suffered 27 injuries on his body which cannot be said to have been caused by single person. 7. After hearing the rival contentions, this court finds that the F.I.R was lodged by a third person on 11.12.2023 but on the same day the father of deceased also gave an application expressing apprehension against the applicant and co-accused within 20 hours of the incident. The applicant and other co-accused were arrested by the police. Recovery of mobile phone was recovered from one of the co-accused, Suraj Divakar. Their clothes were found to be blood stained. The deceased was under the 3 influence of liquor and since he abused the accused persons, he was beaten by them mercilessly and he died. 8. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. 9. The bail application is accordingly, rejected. 10. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C (new Section 346 B.N.S.S.). 11. Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days. Order Date :- 07.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad