Neutral Citation No. - 2025:AHC:68251 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5986 of 2025 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Mishra, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 406 of 2021, under Sections 452, 302, 366, 511, 506 IPC, Police Station Niwadi, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant by causing firearm injury committed the murder of the wife of the informant but entire allegation leveled against the applicant is totally false. 4. He further submits, actually applicant was having love affair with the daughter of the informant and at the time of incident he was present at the spot and fire was actually opened by the informant of the case but after the incident on the basis of false allegation, applicant has been made accused. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.08.2021 i.e. for last more than three and half years. 6. Per contra, learned AGA opposed the prayer for bail and submits, incident has been witnessed by number of witnesses and as per their statements applicant is the person who caused firearm injury to the deceased. 7. Learned AGA further submitted that however applicant is in jail for last more than three and half years but considering the nature of allegation leveled against the applicant, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation applicant by causing firearm injury committed the murder of the deceased and it reflects, incident has been witnessed by number of witnesses. 10. Further, however, it appears, in the present matter applicant is in jail since 18.08.2021 i.e. for last more than three and half years but on query what is the stage of the trial, learned counsel for the applicant could not apprised the Court about the current status of the trial. 11. Further, considering the nature of allegation leveled against the applicant this Court is not inclined to release the applicant on bail on the ground of long incarceration. In view of this Court there must be some balance between period of incarceration suffered by the accused and nature of allegation leveled against the applicant coupled with the punishment provided for alleged offence. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 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 :- 30.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad