Neutral Citation No. - 2025:AHC:66865 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9485 of 2025 Applicant :- Shyamendra Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Niklank Kumar Jain Counsel for Opposite Party :- Kamlesh Singh, Ravesh Kumar Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Niklank Kumar Jain, learned counsel for the applicant, Sri Shiv Nath Singh, learned Senior Advocate assisted by Sri Ravesh Kumar Singh, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 485 of 1990, under Section 302/34 IPC, Police Station- Malawan, District- Etah, during pendency of the trial in the court below. 3. Learned Senior Applicant appearing on behalf of applicant submitted that instant case has chequered history. 4. He further submitted that marriage of sister of the applicant was solemnized with one Brij Nandan in the year 1998 and after her death, a FIR was lodged from the side of applicant against Brij Nandan and others under Section 304B IPC and other Sections. 5. He further submitted that in the meantime, unfortunately, cousin brother of Brij Nandan was murdered and in this regard, Brij Nandan has lodged a FIR of murder against the applicant and two others and in that case, after investigation, involvement of the applicant and three others were found false and it was found that actually Brij Nandan was the person, who committed the murder of his cousin brother Maharaj Singh and thereafter charge sheet was filed against him. He further submitted that Brij Nandan is facing trial for the offence of murder of Maharaj Singh. 6. He further submitted that surprisingly after lodgment of FIR by Brij Nandan with regard to murder of Maharaj Singh, wife of Maharaj Singh filed a complaint case against applicant and others in the year 1990 and as per allegation made in the complaint case, applicant was principal accused, who committed the murder of Maharaj Singh. 7. He further submitted that when in the complaint case, applicant was summoned then he challenged the summoning order before this Court in criminal revision and initially this Court stayed the summoning order passed against the applicant but unfortunately, in the year 2015, due to non-presence of counsel for the applicant, revision filed by applicant was dismissed. 8. He further submitted that, however, revision of applicant was dismissed in the year 2015 but neither applicant nor complainant could become aware about this fact and in the year 2022, when complainant came to know about this fact then he moved an application before the court concerned and thereafter applicant had to surrender on 11.02.2025 and since then he is in jail. 9. He further submitted that applicant is not having any criminal history. 10. He next submits, therefore, considering above facts, applicant should be enlarged on bail in the instant complaint case. 11. Per contra, learned AGA as well as learned Senior counsel appearing on behalf of informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 12. I have heard both the parties and perused the record of the case. 13. However, as per allegation made against the applicant in the complaint case, he was the principal accused and he committed the murder of deceased Maharaj Singh but it reflects, when applicant was summoned in the complaint case then he challenged the summoning order before this Court in criminal revision and initially summoning order passed against him was stayed by this Court but it reflects, in the year 2015, for non-presence of counsel for the applicant, revision filed by applicant was dismissed and however, applicant is in jail since February 2025 but considering the entire facts of the case and argument advanced by learned counsel appearing on behalf of applicant, it cannot be said that applicant was an absconder. 14. Further, with regard to deceased of the present case, a separate trial is pending, in which, accused Brij Nandan is facing trial. 15. Further, applicant is not having any criminal history. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Shyamendra Alias Banti be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. 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 :- 29.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad