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Neutral Citation No. - 2025:AHC:71951 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5699 of 2025 Applicant :- Lokesh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Kumar Mishra Counsel for Opposite Party :- G.A.,Rakesh Pati Tiwari Hon'ble Sameer Jain,J.
1. Heard Sri Ravi Kumar Mishra, learned counsel for the applicant; Sri Rakesh Pati Tiwari, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 512 of 2024, under Sections 103(1), 61(2) BNS and 4/25 Arms Act, Police Station Khoda, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however applicant is husband of the deceased and as per allegation he by causing knife injuries to her committed her murder but entire allegation levelled against the applicant is totally false. 4. He further submitted that however informant and his brother i.e. brothers of the deceased, claimed themselves to be eye witnesses but prima facie, their statements do not appear to be convincing. 5. He further submitted that FIR of the present case was lodged only against the applicant but when the statements of the informant was recorded during investigation then he stated that alongwith the applicant two others also involved in the present crime and this fact again shows that FIR is based on false facts. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 8.9.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that informant and his brothers were the eye witnesses and they categorically stated that the applicant who was husband of the deceased inflicted
knife injury to her and post mortem also corroborates their version and there is no reason to disbelieve their statements at this stage and considering this fact applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Applicant is husband of the deceased and as per allegation he by causing knife injuries to his wife committed her murder and record also suggested that incident has been witnessed by brothers of the deceased.
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 statements of the alleged eye witnesses specially considering the fact that applicant could not bring any good reason either to discard their statements or for his false implication. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail. 11. Accordingly, 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 :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad