Neutral Citation No. - 2025:AHC:42585 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9605 of 2025 Applicant :- Balveer Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Gaur,Karmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Poonam Rajpoot, learned Advocate, apprised the Court that she has filed power on behalf of the informant on 21.3.2025 in the Registry of this Court and, therefore, her name could not be shown in the cause list. However, she further submits that she is ready to argue the matter. 2. Heard Sri Amit Kumar Gaur, learned counsel for the applicant, Ms. Poonam Rajpoot, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.421 of 2024, under Sections 103(1), 61(2) and 238(A) BNS, Police Station Shikarpur, District Bulandshahar during pendency of the trial. 4. FIR of the present case was lodged on 15.12.2024 against the applicant and others and according to the FIR, on 13.12.2024 at about 7.30 PM in the evening applicant and his brother has taken the son of the informant and at 10.30 PM in the night he informed his cousin brother Daksh Saini that co-accused Lokesh, Roshan, Manoj and Anshul wanted to kill him. It is further mentioned in the FIR that thereafter they committed his murder. It is further mentioned in the FIR that son of the informant was having friendship with the sister of co-accused Lokesh, i.e., daughter of the applicant. 5. Learned counsel for the applicant submits that it is a case of circumstantial evidence and except motive and evidence of last seen there is no other cogent evidence against the applicant on record. 6. He further submits that applicant is the father of the girl and therefore, there was absolutely no occasion for him to take the deceased along with him and it appears that only being father of the girl, he has been made accused in the present matter along with co-accused persons including his sons, Lokesh and Roshan. . 7. He further submits that it is a case of circumstantial evidence but there is no cogent circumstance against the applicant on record. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 15.12.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that there is specific allegation against the applicant that he along with his brother had taken the deceased and thereafter deceased informed his cousin brother that sons of the applicant and two others wanted to eliminate him and thereafter he was murdered and considering this fact it is apparent that applicant also involved in the present crime especially after considering the motive of the crime that deceased was having love affair with his daughter and, therefore, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, it is a case of circumstantial evidence but it appears that there is evidence of last seen against the applicant which cannot be disbelieved at this stage and considering the motive assigned against him that his daughter was having love affair with the deceased, the prosecution story cannot be brushed aside at this stage. 12. Therefore, from the facts and circumstances of the case discussed above,in my view, applicant is not entitled to be released on bail at this stage. 13. Accordingly, the instant bail application is rejected at this stage. 14. 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 :- 24.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad