Neutral Citation No. - 2025:AHC:32845 Court No. - 78 Case :- CRIMINAL REVISION No. - 232 of 2023 Revisionist :- X (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Afshan Shafaut,Kameshwar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Kameshwar Singh, learned counsel for the revisionist and Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 2. This criminal revision is preferred against the judgment and order dated 21.12.2022 passed by the Special Judge (POCSO Act)/ Additional Session Judge, Banda in Bail Application No. 2002/2022 C.N.R. No. UPBD01-004538 in Case Crime No. 71 of 2022, under Section 302, 201, 34 IPC, P.S. Naraini, District Banda, whereby the bail application of the revisionist has been rejected. 3. The prosecution case, as per the first information report lodged on 22.04.2022 by Rakesh Kumar Tiwari against Deshraj Rajpoot and the revisionist is that the daughter of Deshraj Rajpoot was having a friendship with Gori @ Neeraj Rajpoot and they used to talk on phone. Since morning the phone was not being responded and neither was she seen in the house. There was no information given by neighbours. The S.H.O. along with police force reached the house of Deshraj Rajpoot and knocked the door on which Deshraj came out, there was no other family member present. Deshraj was asked about his daughter Raina on which initially he tried to mislead him but after strict inquiry he told that his daughter Raina Devi, aged about 17 years had consumed some poisonous substance in the night and has died, after which he along with his son (the present revisionist) buried her behind the house and did not inform the police. On being suspicious about the incident Senior Officers were informed, who reached there. The body of Raina Devi was exhumed and the required formalities were done. Deshraj Rajpoot showed the place, where the body was buried. The post mortem of the deceased was got done and from its perusal, it transpired that the death was by strangulation. On further investigation, it transpired that Deshraj Rajpoot and his elder son (revisionist) together committed the murder in the intervening night of 19/20.04.2022 and buried the body on 20.04.2022 to which they did not give any information to the police. The post mortem examination of the deceased Raina Devi was conducted on 21.04.2022, wherein the doctor found three injuries on her person and found the hyoid bone to be fractured and haematoma was present in trachea and the cause of death was opined as asphyxia due to ante mortem injury of neck. 4. Learned counsel for the revisionist submitted that the revisionist has been falsely implicated in the present case, it is submitted that that the revisionist is a juvenile and aged about 17 years, 8 months and 4 days at the time of the incident. It is submitted that the revisionist has no criminal antecedent. It is further submitted that the revisionist is in jail since 23.04.2022. It is submitted that the present revision be allowed and the revisionist be directed to be released on bail. 5. Per contra, learned counsel for the State opposed the present revision and the prayer for bail vehemently. It is submitted that the revisionist is the brother of the deceased. It is further submitted that the present case is of honour killing. It is further submitted that the present case is a case of gruesome murder by the revisionist and his father. It is further submitted that on the pointing out of the accused person, the dead body of the deceased was recovered behind the house of Deshraj, which was buried. It is submitted that the revisionist has a motive to commit the aforesaid offence since the deceased was having some affiliation with Gori @ Neeraj of the village and used to talk to him. It is submitted that the present revision and the prayer for bail be dismissed. 6. After having heard learned counsel for the parties and perusing the record, it is evident that the present case is a case of honour killing. The revisionist is brother of deceased. The dead body has been recovered from the house. The revisionist has a motive to commit the aforesaid offence. The gravity of the offence in the present matter is grave, no ground for interference is made out, the present revision and the prayer for bail in the present revision is dismissed. Order Date :- 4.3.2025 Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad