Neutral Citation No. - 2025:AHC-LKO:22881 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12263 of 2023 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Govt. Lko. Counsel for Applicant :- Ramakar Shukla,Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Kumar Yadav, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 125/2023, under Sections 302, 323, 427, 504, 506 IPC, Police Station Baldirai, District Sultanpur. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.05.2023 stating that the applicant, who is uncle of the informant, strangulated the informant's younger son between 9 to 10 p.m on 04.05.2023. When the informant's mother tried to save him, the applicant had beaten her also and broken her mobile phone. 4. The post mortem examination report mentions a ligature mark of size 25 cm x 3 cm with no mark of knot seen in front of neck and the cause death has been opined to be asphyxia due to strangulation. 5. In his statement recorded under Section 161 Cr.P.C., the informant stated that his father had died due to illness about 10 years ago. The applicant is his uncle and he was having illicit relationship with the informant's mother and the applicant had killed the informant's younger brother in presence of his mother. The informant reached home in the morning and the applicant told him that his younger brother had hanged himself and he tried to cremate the dead body hastily. The informant's mother also supported the FIR version and she stated that she had seen the applicant strangulating her son when she tried to save him, the applicant had beaten her also and had threatened her. 6. The medico legal examination report of the deceased's mother mentions pain on right cheek. Some independent witnesses stated that the deceased had made a phone call to the informant in the evening and had stated that the applicant had beaten him badly and he was requesting the informant to took him away. Some other witnesses have stated that they had seen the dead body in a sitting posture on a cot with a noose around his neck which was tied to the ceiling fan. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation, which have already been filed with the bail application and a copy of charge sheet dated 17.06.2023. 8. Having considered the aforesaid facts and circumstances of the case and perused the statements of witnesses recorded during investigation, I am of the considered view that the facts of the present case do not warrant exercise of discretion of this Court by enlarging the applicant on bail. 9. The bail application is accordingly rejected. . [Subhash Vidyarthi, J.] Order Date :- 22.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench