HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5973 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri B. S. Khokher, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 345 of 2024, under Sections 123, 103(1), 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station Beeta-2, District Gautambuddh Nagar. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that an agreement to sale the property (flat) was executed between the applicant and the deceased for a sale consideration of Rs. 1,18,00,000/- and the applicant had given Rs. 50 Lakh (about half of the amount of the property) to the deceased and as such, there was no occasion to the application to kill the deceased as after the death of the deceased, the amount provided by the applicant would lapse. He further submits that the alleged recovery of hammer from the car of the applicant is planted one by the Police Personnel. Nothing incriminating material has been recovered from the possession of the applicant. He further submits that according to the post-mortem report, no injury was found on the body of the deceased and the cause of death was not ascertained and viscera was preserved and sent for its examination. He further submits that there is no independent witness of the alleged commission of crime. He submits that in the present case, charge-sheet has already been filed and the applicant is Versus Counsel for Applicant(s) : Birendra Singh Khokher Counsel for Opposite Party(s) : G.A. Praveen Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) not required for any custodial interrogation. He further submits that no specific role and motive has been assigned to the applicant in the present case. The applicant is languishing in jail since 23.08.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail and submits that the applicant is not innocent and he has committed the murder of the deceased due to money dispute. He further submits that the weapon (hammer) used in the commission has been recovered from the car of the applicant and some blood stained was also found in the back seat of the car which clearly connect the applicant in the present case. He further adds in his submission that the motive and role of the applicant is clear from the record and he may not be granted any indulgence from this Court. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima-facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. September 8, 2025 pks BAIL No. 5973 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad