Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10947 of 2025
Court No. - 90 HON'BLE RAJ BEER SINGH, J.
1. Supplementary affidavit filed by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present second bail application has been filed by the applicant in Case Crime No. 473 of 2019, under Section - 302 I.P.C., Police Station - Auraiya, District - Auraiya, with the prayer to enlarge the applicant on bail. 4. Learned counsel for the applicant submitted that applicant has been falsely implicated in this case. Applicant is nephew of deceased and after his death he was not going to inherit his property. The allegation that applicant has committed murder of deceased, is wholly false. There is no eye witness of the alleged incident. Though the first information report was lodged by the grand mother of applicant but she is not an eye witness of the incident. Alleged recovery of 'farsa' shown from appellant, is wholly false. It was submitted that alleged recovery of 'farsa' was shown recovered after three hours of the incident and it is not Versus Counsel for Applicant(s) : Abhay Pratap Singh, Amarjeet Choudhary Counsel for Opposite Party(s) : G.A. Ajeet Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
probable that after three hours of the incident applicant would have been present near the spot. The prosecution version that there was some dispute of property or that deceased was murdered to grab his property, is false and baseless. 5. It is further submitted that first bail application of applicant has been rejected by this Court vide order dated 12.01.2024 and since then a period of more than two years has been passed but trial has not been concluded so far. It was submitted that the material witnesses have already been examined and thus, there is no possibility of tampering with evidence. Applicant is languishing in jail since 13.07.2019 and thus, he has already undergone custody of more than six and a half years. Lastly, it was submitted that in case applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A. has opposed the prayer of bail and submitted that applicant has committed murder of his uncle, who was unmarried, to grab his property.
After incident, applicant was apprehended and blood stained 'farsa' was recovered from him. The first bail application of applicant has already been rejected. It was submitted that no case for bail is made out. 7. Considering submissions of learned counsel for parties and all attending facts, particularly the fact that applicant has already undergone custody of more than six and a half years and trial of the case is likely to take sufficient long time, without expressing any opinion on merits, it would be just and proper to release the applicant on bail. Hence, the present second bail application is hereby allowed. 8. Let the applicant - Ajeet Singh, involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of BAIL No. 10947 of 2025 2
court concerned subject to the following conditions :- (i) The applicant shall not tamper with the evidence during trial. (ii) The applicant shall not pressurize / intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 9. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. April 27, 2026 S Rawat BAIL No. 10947 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad