Neutral Citation No. - 2025:AHC:59486 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2438 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Anay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Anay Kumar Srivastava, learned counsel for the applicant and Shri R. N. Srivastava, learned AGA for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.101 of 2020, under Section 302 I.P.C., Police Station Janakpuri, District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant is nephew of the deceased and as per allegation, he by inflicting knife injury to him committed his murder but entire allegation levelled against applicant is totally false and as applicant side and informant side was having enmity, therefore, applicant has been made accused in the present matter. 4. He further submits that applicant is having no previous criminal history to his credit. 5. He further submits that however, applicant is in jail in the present matter since 09.05.2023 i.e. for last almost two years but till date trial of the case could not be concluded. 6. Per contra, learned AGA opposed the prayer for bail and submits that applicant is nephew of the deceased and by inflicting knife injury, he committed his murder and incident has been witnessed by number of witnesses and however, applicant is in jail in the present matter since 09.05.2023 i.e. for last almost two years but considering the nature of allegation made against him merely on the basis of his long incarceration, he should not be released on bail, therefore, the instant bail application should be dismissed. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. Applicant is nephew of the deceased and as per allegation, he by inflicting knife injury committed his murder and incident has been witnessed by number of witnesses including informant and there is no material available on record on the basis of which, their statements can be disbelieved at this stage. 9. Further, however, applicant is in jail in the present matter since 09.05.2023 i.e. for last almost two years but considering the nature of allegation made against him and facts of case, I am not inclined to release the applicant on bail merely on the basis of his long incarceration of about two years. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be enlarged on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Rahul is rejected. 12. 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. 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 :- 21.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad