Neutral Citation No. - 2025:AHC:10583 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46212 of 2024 Applicant :- Lavkush Gautam Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan 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 Shahroze Khan, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 146 of 2024, under Sections 3(5), 103(1) B.N.S., Police Station Dumariaganj, District Siddharth Nagar during pendency of the trial. 4. FIR of the present case was lodged on 03.09.2024 against applicant and his father by his mother and according to the FIR due to the bad behavior of applicant and his father informant i.e. mother of the applicant started living separately along with her two daughters and a son and on 03.09.2024 at 6.30 AM in the morning applicant and his father started quarreling and when informant resisted then applicant, who was having heavy stone and his father i.e husband of the informant, who was having hammer in his hand made assault and due to the assault made by them daughter of the informant sustained injuries and died. 5. Learned counsel for the applicant submitted that applicant is the real brother of the deceased and on the basis of false allegation, he has been made accused in the present matter. 6. He further submit, actually informant was quarrelsome lady and she without any reason against the wishes of applicant and his father started living separately along with deceased and her two children and there was absolutely no occasion for the applicant and his father to cause death of the deceased and it appears, deceased died in some other manner in absence of the informant and as there was dispute between applicant side and informant, therefore, she lodged FIR of the present case. 7. 7. He further submits, however, during investigation informant supported the version of the FIR but before the trial court when she was examined as PW-1 then she did not support the prosecution case and categorically stated, in her absence incident occurred and her statement recorded by the trial court has been annexed along with supplementary affidavit dated 21.01.2025 filed in support of instant bail application. Learned counsel for the applicant however fairly conceded that as per prosecution the one brother and sister of the applicant were also eye witnesses and till date they could not be examined by the trial court. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.10.2024. 9. Per contra, learned AGA opposed the prayer for bail and submits, applicant is brother of the deceased and son of the informant and informant and his children were the eye witnesses and even if the informant did not support the prosecution case during trial then also no benefit can be extended to the applicant as till date other remaining two eye witnesses could not be examined by the trial court, therefore, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. As per allegation, applicant and his father caused injury to the deceased who was sister of the applicant and incident has been witnessed by the informant i.e. his mother and her two children i.e. brother and sister of the applicant. However, it reflects that during trial informant i.e. mother of the applicant even in examination-in- chief stated that in her absence incident occurred but it appears, till date remaining two eye witnesses, the brother and sister of applicant who were present at spot could not be examined by the trial court. Therefore, submission advanced by learned AGA cannot be brushed aside. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail at this stage. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 14. 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 :- 22.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad