Neutral Citation No. - 2025:AHC:40009 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45984 of 2024 Applicant :- Pushpendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Sharda Vishwakarma, learned Advocate filed her power on behalf of informant, which is taken on record. 2. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant, Ms. Sharda Vishwakarma, learned counsel for the informant and Dr. S.B. Maurya, 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. 195 of 2023, under Sections 302, 34 IPC & 3/25 Arms Act, Police Station- Raniya, District- Kanpur Dehat, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 05.11.2023 against applicant and according to FIR, son of the informant had gone to take dinner along with his friends and at the restaurant, applicant, who was employee there, committed his murder by causing fire arm injury to him. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and admittedly, informant of the case was not an eye- witness. 6. He further submitted that however, during investigation witness Shivam Sharma claimed himself to be an eye-witness and stated that due to fire opened by applicant, deceased died but applicant never caused any injury to the deceased. 7. He further submitted that as per allegation, applicant opened fire from licensed rifle of Ram Chandra and this fact itself suggests that on the basis of false allegation, applicant has been made accused as there was absolutely no occasion for the applicant to use the rifle of Ram Chandra. He further submitted that even motive to commit crime appears to be quite weak. 8. He further submitted that as per prosecution, next day, applicant was arrested from the restaurant where incident occurred and this fact again shows the innocence of the applicant as if applicant committed the murder of the deceased then he definitely would have escaped from the spot. 9. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 05.11.2023 i.e. for last more than a year. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as per eye-witness Shivam Sharma, applicant was the person, who caused fire arm injury to the deceased from rifle and there is no reason to disbelieve his testimony. 11. They further submitted that even during investigation, the alleged rifle, used in the crime, was recovered on the pointing out of the applicant and, therefore, considering the facts and circumstances of the case, applicant should not be released on bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. As per allegation, applicant caused fire arm injury to the deceased due to which, he died and Shivam Sharma is the eye- witness of the incident. This Court finds merit in the argument advanced by learned AGA as well as learned counsel for the informant that there is no reason to disbelieve the testimony of witness Shivam Sharma recorded during investigation. 14. Further, during investigation, on the pointing out of the applicant rifle used in the crime, was also recovered. 15. Further, however, applicant is in jail in the present matter for last more than a year but it is a case in which son of the informant was murdered by causing fire arm injury, therefore, I am not inclined to release the applicant on bail merely on the ground that he is in jail in the present matter since November, 2023. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage. 18. 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 :- 19.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad