HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17336 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant, learned A.G.A. for State and perused the material brought on record. 2. The present second bail application has been filed on behalf of applicant in Case Crime No.112 of 2022, under Section 302 IPC, Police Station Bhojpur, District Moradabad, with the prayer to enlarge the applicant on bail. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is brother of deceased girl. As per prosecution version, deceased has gone to the house of one Veerbhan and applicant and his father have committed murder of deceased by assaulting her with axe. Learned counsel submitted that incident took place at the house of said Veerbhan and the said Veerbhan has not reported the matter to the police. The first information report has been lodged by husband of Village Pradhan. It was further submitted that applicant has been falsely implicated due to enmity with the husband of Village Pradhan. It is further submitted that being brother of deceased, applicant has no motive to commit murder of deceased. It is further submitted that similarly placed co-accused - Subhash @ Lala, who is father of deceased, has already been granted bail by this Court. Applicant is in jail since 14.04.2022 and thus he has already undergone detention of about two and a half years. During trial 9 witnesses have been examined before the trial court but total 24 witnesses have been cited in the charge-sheet and thus trial of the case is likely to take sufficient long time. Versus Counsel for Applicant(s) : Ram Sajiwan Prajapati, Satish Chandra Yadav Counsel for Opposite Party(s) : G.A. Mohit .....Applicant(s) State of U.P. .....Opposite Party(s) Applicant has no criminal history. Referring to facts of the matter, it was submitted that in view of attending facts applicant is entitled for bail. 4. Per contra, learned A.G.A. has vehemently opposed the bail application and submitted that applicant and his father have committed murder of deceased, who is sister of applicant, merely because deceased was having some relationship with a person. Referring to facts of the matter, it was submitted that no case for bail is made out. 5. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and the fact that similarly placed co-accused has already been granted bail, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 6. Let the applicant Mohit involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned, subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 10, 2025 CS/- BAIL No. 17336 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad