Neutral Citation No. - 2025:AHC:53829 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5921 of 2025 Applicant :- Krishna Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Nand Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Brahma Nand Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Krishna Chauhan, seeking enlargement on bail during trial in connection with Case Crime No.276 of 2024, under Sections 108, 64(2)(F) of B.N.S. 2023, registered at Police Station Kotwali, District Mau. 4. The FIR of the matter was lodged on 27.8.2024 by Vijay Chauhan against the applicant alleging therein that his daughter Mamta Chauhan aged about 20 years used to talk on phone to Sarju Chauhan, a boy of the village which was not acceptable to the applicant who on 24.8.2024 had assaulted her. His daughter Mamta Chauhan on the next day on 25.8.2024 told his wife that her brother Krishna Chauhan (the present applicant) used to establish physical relationship with her, then his wife told him the said fact. On 26.8.2024 at about 12 hours his daughter went out from the house. She was searched a lot but could not be traced out. Subsequently on 27.8.2024 persons of the village told him that his daughter has met with an accident with a train. He reached there and identified the body of the deceased. 5. Learned counsel for the applicant argued that although the applicant is named in the FIR but has been falsely implicated in the present case. It is argued that the applicant is the brother of the deceased and son of the first informant. The implication of the applicant in the present case is only because of the reason that he did not relish his sister talking to another boy of the village. It is argued that the allegation against the applicant that he used to establish physical relationship with his sister/deceased is false and concocted story. The trial in the matter has started in which the first informant Vijay Chauhan has been examined as P.W.1 and Savita Devi, the mother of the deceased has been examined as P.W.2 and both the witnesses have not supported the prosecution case and have been declared hostile. The said statements have been placed before the Court which are annexure no.8 and 9 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit and is in jail since 29.8.2024. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the brother of the deceased. There was no reason for false implication of the applicant alleging serious allegations against him in the FIR. The trial in the matter is going on and as such at this stage the release of the applicant may not be in the fitness of things. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the brother of the deceased and son of the first informant. The applicant is named in the FIR. There is an allegation of the applicant establishing physical relationship with his sister and assaulting her. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail at this stage, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 11.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad