Neutral Citation No. - 2025:AHC:74170 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7123 of 2025 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Atul Kumar Srivastava Counsel for Opposite Party :- G.A.,Gyan Babu Pal,Krishna Kumar Chaurasia Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant; Sri Krishna Kumar Chaurasia, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 452 of 2023, under Sections 302, 34 IPC and section 4/25 Arms Act, Police Station Chunar, District Mirzapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is devar of the deceased and as per allegation he committed her murder by cutting her throat through knife but entire allegation levelled against the applicant is totally false. 4. He further submitted that admittedly informant of the case was not the eye witness and entire prosecution story is based on two alleged eye witnesses, namely, Najreen and Sayeeda and however, they stated that applicant committed the murder of the deceased but their statements do not appear to be convincing. He further submitted that even their statements were recorded after three days. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since almost one and half years. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is devar of the deceased and he by cutting her throat committed her murder and incident has been witnessed by two eye witnesses and there is no good reason to believe their statements and therefore, he should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. As per allegation, applicant was devar of the deceased and he committed her murder by cutting her throat through knife and incident were witnessed by two eye witnesses. 9. This Court finds merit in the arguments advanced by learned counsel for the informant and the learned AGA that there is no good reason to disbelieve the statement of these eye witnesses. 10. Further, applicant could not bring any reason for his false implication. 11. Therefore, considering the facts and circumstances of the case, in my view, applicant is not entitled to be released on bail. 12. Accordingly, the instant bail application stands rejected. 13. 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 :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad