Neutral Citation No. - 2025:AHC:59647 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7098 of 2025 Applicant :- Dharmendra Kumar Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Lal Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 16 of 2021, under Section 302 IPC, Police Station- Maharajganj, District- Jaunpur, with the prayer to enlarge the applicant-accused on bail. 3. The first bail application of applicant was rejected by this Court vide order dated 19.01.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in Case Crime No. 16 of 2021, under Section 302 IPC, Police Station Maharajganj, District Jaunpur, with a prayer to enlarge the applicant on bail. 3. Learned counsel for the applicant submitted that applicant-accused is innocent and he has been falsely implicated in the present case. The first information report was lodged by the informant alleging that on 09.02.2021, his daughter (deceased) along-with her elder sister (Richa) were present at the home of their maternal uncle (Mama), and while Richa has gone into kitchen to take food, the applicant had fired a bullet upon deceased. Learned counsel submitted that there is no eye witness of the alleged incident. Learned counsel has given much thrust to the argument that Richa was present at spot but her statement had not been recorded. After incident the applicant has accompanied the deceased to the hospital where she was declared dead. At the spot, no weapon has been found nor recovered from the applicant. The prosecution version that applicant was having one sided infatuation towards deceased is wholly false. The applicant is cousin of victim and thus it cannot be believed that he was having any infatuation towards deceased or he committed her murder due to that reason. Later on, recovery of a country made pistol was shown from applicant but the same is false and baseless. It was further submitted that the statement of two witnesses have already been recorded before the trial court but they have not made any incriminating statement against the applicant. Lastly it was submitted that applicant accused is languishing in jail since 13.02.2021. 4. Learned A.G.A. and learned counsel for the informant have opposed the bail application and submitted that at the time of alleged incident, only the applicant and deceased were together and the sound of firing was heard and thereafter deceased was found in injured condition. There is ample evidence on record that applicant accused was present on the spot. It was further submitted that in fact applicant was having unrequited love towards deceased but as it was un-reciprocated, he has committed murder of deceased Kajal. During investigation, country made pistol used in the incident has been recovered at the instance of the applicant. 5. Considering the submissions of learned counsel for the parties, nature of accusations, specific role of applicant and all attending facts and circumstances, no case for grant of bail is made out. 6. Accordingly, the instant bail application filed on behalf of the applicant Dharmendra Kumar Maurya is hereby rejected." 4. Learned counsel for the applicant has submitted that there is no eye-witness of alleged incident and nothing has been recovered from the applicant. One Richa was shown present at the spot but she has not been cited as witness. The allegation that applicant was having one-sided infatuation towards the deceased is wholly false. Applicant is cousin of deceased and thus, it is not believable that he would have any such infatuation towards the deceased. It is further submitted that first bail application of the applicant was rejected by this Court on 19.01.2024 and after that statement of material witnesses have been recorded before the trial court. The applicant has no criminal history. Lastly it was stated that the applicant is in jail since 13.02.2021 and in case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA has opposed the bail application and submitted that the applicant is cousin of deceased and he was having one- sided infatuation towards the deceased, which was not reciprocated by the deceased. Due to that reason, applicant has committed murder of deceased. It was submitted that at the time of incident, only applicant and deceased were together and thus, there is strong circumstantial evidence that it was the applicant, who has committed murder of deceased. 6. Perusal of record shows that as per prosecution version, the applicant is cousin of deceased and he was having unrequited love towards deceased and when it was not reciprocated by the deceased, he committed her murder by firing at the deceased. There is no eye-witness but the at the time of incident, only applicant was there with the deceased. Case relates to murder of a young girl only because she did not reciprocate to the infatuation of applicant. The trial is in progress. Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts, without expressing any opinion on merits, no case for grant of bail is made out. 7. Accordingly, the instant second bail application filed on behalf of applicant- Dharmendra Kumar Maurya is hereby rejected. 8. However, the trial court is directed to expedite the trial and conclude the same as early as possible. Order Date :- 21.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad