Neutral Citation No. - 2025:AHC:37914 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8876 of 2025 Applicant :- Babu Mistri Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 160 of 2024 (S.T. No.209 of 2024), under Section 103(1) of B.N.S., Police Station Kadaura, District Jalaun during pendency of the trial. 3. FIR of the present case was lodged on 30.09.2024 against the applicant and according to the FIR, on 29.09.2024 at about 9:00 PM in the evening, applicant has taken the informant and her husband in his house and in the house of the applicant, some dispute arose between him and husband of the informant and, thereafter, he caused injury to her husband on his chest through sharp edge iron weapon like Trishul. It is further mention in the FIR that after incident, father-in-law and jeth of the informant arrived at spot and they had taken the husband of the informant to the hospital where he was declared dead. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits, however, informant of the case i.e. wife of the deceased claimed herself to be eye witness but actually she was not present on the spot. He further submits, even from the entire material available on record, it could not be reflected that applicant was having any previous motive to commit the murder of the husband of the informant. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.10.2024. 7. Per contra, learned AGA opposed the prayer for bail and submits that the incident occurred inside the house of the informant and wife of the deceased i.e. informant of the case was the eye witness and she categorically stated that applicant caused injury to the deceased through sharp edge iron weapon like Trishul, therefore, considering all these facts, applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the nature of allegation levelled against the applicant and the facts that informant i.e. wife of the deceased was eye witness, in my view, applicant is not entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected, at this stage. Order Date :- 17.3.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad