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Neutral Citation No. - 2025:AHC:31307 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7553 of 2025 Applicant :- Vinesh Opposite Party :- State of U.P. Counsel for Applicant :- Lal Bahadur,Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ram Sajiwan Prajapati, learned counsel for the applicant and Sri Rajeev 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.487 of 2024, under Sections 103 (1) B.N.S., Police Station- Noorpur, District- Bijnor, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 29.12.2024 against applicant and according to FIR due to the dispute arose between applicant and his brother due to gas cylinder applicant committed his murder by inflicting knife injuries to him. 4. Learned counsel for the applicant submits, however applicant is the real brother of the deceased but on the basis of false allegation, he has been made accused in the present matter. 5. He further submits, there was absolutely no occasion for the applicant to commit murder of his real brother. He further submits it is highly improbable that a real brother would commit the murder of his brother. 6. He further submits, applicant is not having any criminal history and he is in jail in the present matter since 30.12.2024. 7. Per contra, learned AGA opposed the prayer for bail and submits applicant is the real brother of the deceased and as per allegation he committed murder of his brother by inflicting knife injuries and incident has been witnessed by the informant who was also brother of the deceased and applicant. 8. He further submits, even the alleged incident was witnessed by mother of the applicant and she also stated against the applicant and therefore, considering the nature of allegation levelled against the applicant and evidence available on record against him he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the fact that as per allegation applicant committed murder of his real brother by inflicting knife injuries to him and the incident has been witnessed by his brother i.e. informant and his mother, I am not inclined to release the applicant on bail. 11.
Accordingly, the instant bail application is dismissed. 12. 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 :- 5.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad