Neutral Citation No. - 2025:AHC:19348 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46509 of 2024 Applicant :- Bhupendra Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Neelab Srivastava, learned Advocate holding brief of Sri Neeraj Kumar Srivastava, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 165 of 2024, under Sections 103(1) B.N.S., Police Station Bhojpur, District Ghaziabad during pendency of the trial. 4. FIR of the present case was lodged on 09.07.2024 against applicant and according to the FIR applicant is the younger son of the informant and he committed the murder of his elder brother. 5. Learned counsel for the applicant submits, however, applicant is younger brother of the deceased and he is named in the FIR but it reflects, informant i.e. his father was not an eye witness. 6. He further submits, however, during investigation when statement of Tushar, the son of the deceased i.e. nephew of the applicant was recorded then he claimed himself to be an eye witness and stated that in his presence applicant badly beaten his father through wooden stick but as applicant has already been nominated in the FIR, therefore, during investigation he started making allegation that applicant committed the murder of his father, therefore, no reliance should be placed on his statement. 7. He further submits, applicant is the real brother of the deceased and there was no occasion for him to commit his murder. He further submits, incident is said to have taken place on 08.07.2024 at 7.15 PM in the evening but FIR of the present case was lodged on 09.07.2024 at 5.28 hours i.e. after ten hours and this inordinate delay itself suggests that after due consultation father of the applicant falsely implicated the applicant in the present matter. 8. He further submits, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in the support of instant bail application. 9. He further submits, in the present matter applicant is in jail since 09.07.2024. 10. Per contra, learned AGA opposed the prayer for bail and submits, applicant is the real brother of the deceased and his nephew i.e. son of the deceased is the eye witness and he categorically stated that applicant badly beaten the deceased through wooden stick due to which he died and at this stage, his statement cannot be disbelieved, therefore, applicant should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. As per allegation, applicant committed the murder of his real brother by making assault through wooden stick and the incident has been witnessed by his nephew i.e. son of the deceased and this Court finds merit in the submission advanced by learned AGA that at this stage, there is no good reason to disbelieve his testimony. 13. Further, however, it reflects, there is delay of about ten hours in lodging the FIR of the present case but FIR of the present case was lodged by father of the applicant with regard to murder of his another son therefore considering this fact, merely on the basis of such delay no benefit can be extended to the applicant at this stage. 14. Further, applicant is also having criminal history of three cases including the cases under Section 308, 307, 392 IPC. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 17. 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 :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad