Neutral Citation No. - 2025:AHC:33812 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8129 of 2025 Applicant :- Deepu Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri N.S.Kushwaha, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 312 of 2024, under Section 103(1) BNS, Police Station Mahrauni, District Lalitpur during pendency of the trial. 3. FIR of the present case was lodged on 24.9.2024 against the applicant under Section 109 BNS and according to the FIR on 23.9.2024 at about 10.00 PM in the night when after taking dinner husband of the informant was lying on the bed then his nephew, i.e., applicant made assault through heavy piece of iron. It is further mentioned in the FIR that after hearing shriek of her husband, informant when arrived at spot then applicant ran away. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Section 109 BNS but after the death of the injured case was converted under Section 103 (1) BNS. It is further submitted that applicant is the real nephew of the deceased and there was no occasion for him to commit his murder. 5. He further submits that however as per the informant due to previous enmity applicant committed the murder of his uncle, i.e., deceased but even from her statement it reflects that above enmity was quite old one and this fact clearly suggests that applicant has been falsely implicated in the present matter. 6. It is further submitted that admittedly no one could see the real incident of murder and according to the informant, when after hearing the shriek of the deceased she arrived at spot then she witnessed that applicant was running from the spot and considering all these facts precisely at this stage it cannot be said that applicant is the person, who committed the murder of the deceased. 7. He further submits that however, apart from the present case applicant is also having criminal history of one another case but that case relates to minor offence. He further submits that applicant is in jail in the present matter since 03.10.2024. 8. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the nephew of the deceased and wife of the deceased witnessed him while he was running from the spot. 9. Learned AGA further submits that when applicant was running from the spot then he was also having weapon in his hand and therefore, considering the nature of allegation made against the applicant and evidence available on record against him, he does not deserve bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is the real nephew of the deceased and as per allegation he committed his murder by causing injuries through heavy piece of iron and according to the informant, i.e., wife of the deceased when after hearing shriek of her husband she arrived at spot then she witnessed that applicant was running from the spot and he was also having weapon used in the crime in his hand, therefore, considering the facts of the case, I am not inclined to release the applicant on bail. 12. Accordingly, the instant bail application stands dismissed. 13. 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 :- 7.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad