Neutral Citation No. - 2025:AHC:107519 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49281 of 2023 Applicant :- Hemant Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- Bal Mukund Singh,G.A.,Sunil Kumar Chaudhari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Ms. Nishtha, Advocate holding brief of Sri Sunil Kumar Chaudhari, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Session Trial No.542 of 2023, arising out of Case Crime No.141 of 2023, under Section 304 I.P.C., Police Station- Ghughali, District- Maharajganj, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites about eight years before her death. The applicant is stated to have assaulted her with iron rod and committed her murder on 31.3.2023 at about 08:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about four hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has placed reliance on the statement of PW-2 who has stated that deceased incurred injuries after falling from stairs, as such, it is a clear cut case of false implication as the deceased had sustained accidental injuries. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 1.4.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there is recovery of an iron rod at the pointing out of the applicant and the deceased had expired within the precincts of hose of the applicant, as such, he is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the fact that the deceased had expired within the precincts of house of the applicant coupled with the fact that FIR is prompt and there is recovery of an iron rod at the pointing out of the applicant, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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 :- 8.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad