Neutral Citation No. - 2025:AHC:73978 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6068 of 2025 Applicant :- Brijmohan Alias Brij Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra,Santosh Kumar Shukla Counsel for Opposite Party :- Chandra Narayan Mishra,G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Santosh Kumar Mishra, learned counsel for the applicant, Sri Chandra Narayan Mishra, learned counsel for the informant and Dr. S.B.Maurya, learned AGA-I, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.284 of 2024, under Sections 103(1), 351 and 352 BNS and Section 4/25 Arms Act , Police Station Rasulabad, District Kanpur Dehat during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR and as per allegation he committed the murder of the brother of the informant and incident has been witnessed by three witnesses but entire allegations levelled against the applicant are totally false. 5. He further submits that admittedly incident occurred in the late night at about 3.00 AM and, therefore, this fact again shows that actually nobody could see the real incident and due to previous enmity which has been itself admitted in the FIR, applicant has been made accused in the present matter. 6. He further submits that from the FIR it reflects that informant of the case could not see the real incident but when his statement was recorded during investigation then he also started claiming himself to be an eye witness and this fact again shows that informant tried to suppress the fact and no reliance can be placed on the version of the FIR. 7. He further submits that however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and all the four cases relate to minor offence. 8. He further submits that in the present matter applicant is in jail since 10.7.2024, i.e., for the last more than nine months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the sole accused and there are as many as three eye witnesses and there is no reason to disbelieve their statements at this stage, therefore, considering the facts of the case, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is named in the FIR and there is specific allegation that he committed the murder of the deceased by causing injuries to him through 'banka' (type of sharp edged weapon) and, however, incident occurred after midnight but as per prosecution incident has been witnessed by three witnesses and all the three accused in their statements made accusation against the applicant. Considering the fact that incident occurred inside the house of the informant and all the witnesses were close relatives of the informant and deceased, their presence at the place of incident cannot be doubted at this stage. 12. Further, this Court also finds merit in the argument advanced by the learned AGA as well as learned counsel for the informant that there is no reason to disbelieve the testimony of the alleged eye witnesses at this stage. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 14. Accordingly, the instant bail application is rejected. 15. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad