Neutral Citation No. - 2025:AHC:65611 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4207 of 2025 Applicant :- Narendra Kumar Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Narendra Kumar Tiwari, learned Advocate holding brief of Sri Rajeev Kumar, learned counsel for the applicant and Sri Manoj Kumar, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 220 of 2024, under Section 302 IPC, Police Station- Premnagar, District- Jhansi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation, applicant set fire to the deceased, who was his brother and there is also dying declaration of the deceased on record but entire allegation levelled against the applicant is totally false and this fact is also evident from the forensic field unit report, which belies the prosecution case. It is next submitted, report has been annexed at page no. 66 of the paper book. 5. He further submitted that however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and he is in jail in the present since 29.05.2023 i.e. for last almost two years. 6. Per contra, learned AGA opposed the prayer for bail and submitted that there is dying declaration of the deceased on record, which was recorded by Niab Tehsildar and in the dying declaration, he categorically stated that applicant ablazed him and there is no reason to disbelieve the dying declaration of the deceased at this stage, therefore, the instant bail application should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Applicant is the real brother of the deceased and as per allegation, he ablazed him and there is also dying declaration of the deceased on record, recorded by Niab Tehsildar. 9. Further, apart from the present case, applicant is also having criminal history of three other cases. 10. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 12. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad