Neutral Citation No. - 2025:AHC:102089 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20267 of 2025 Applicant :- Netrapal Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State- respondents and perused the records. 2. The instant bail application under Section 483 of B.N.S.S., 2023 at the instance of the applicant, Netrapal has been filed seeking enlargement on bail in Case Crime No. 798 of 2024 under Section 103(1) B.N.S., Police Station- Gajraula, District- Amroha during the pendency of the trial before the court below. The bail application of the applicant before the court below was rejected by the learned Sessions Judge, Amroha vide order dated 05.05.2025 and the applicant has been languishing in jail since 10.12.2024. 3. As per the prosecution case as set out in the FIR dated 03.12.2024, the FIR in question was lodged by the elder sister of the deceased against two named and four unknown persons alleging that her younger sister(the deceased) had accompanied the two named persons and four unknown persons to attend the DJ organised in the house of Govind in the village. At 1 o'clock night, her sister Anjali came back home and went to sleep in her room. In the same night, at same time, the two named boys, Sandeep and Amit and their other friends strangulated Anjali. The informant who was sleeping in the adjacent room woke up at 6 o'clock in the morning and saw that Anjali is lying dead on her bed. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and is innocent and has been falsely implicated in this very case crime number for ulterior motive. The FIR has been lodged with delay of about 8 hours without any plausible explanation for that delay it has been argued that the applicant has been implicated only on the basis of suspicion. There is no eyewitness of the case. The prosecution has utterly failed to connect the applicant with the Commission of the crime on the basis of circumstantial evidence. It has been argued that there is discrepancy in the version of the first informant in the FIR and her statement inasmuch as applicant has not been nominated in the FIR, but has been nominated in her statement. It has also been argued that the co-accused, Amit Kumar, was declared juvenile by the Juvenile Board, Amroha and also released on bail. It is submitted that the applicant is also entitled to be released on bail. 5. Per contra, learned AGA has opposed the bail plea by submitting that a young girl has been brutally throttled to death by the two named accused and the applicant who have been identified by the witnesses. The applicant does not deserve to be released on bail. 6. Having heard learned counsel for the parties and having perused the record, I find that in the postmortem of the deceased, six injuries have been found on the body of the deceased and the cause of death reported is Asphyxia due to ante-mortem throttling. In her statement recorded by the I.O., the first informant has stated that when she woke up at about 1:30am in the night to relieve herself, she saw three persons running. She identified two persons as Sandeep and Amit (both named accused) and the third person could not be identified. She, however, nominated the applicant Netrapal as the 3rd person in her statement. Another witness Sripal s/o Nanuha who resides adjacent to the house where the incident occured, in his statement has also nominated the applicant as one of the three persons leaving the house of Prempal in a hurried manner. Yet another witness namely Koshindra s/o Roopchandra whose house is situated in the close vicinity of the house of Prempal where the incident is stated to have occurred and whose nephew's birthday was being celebrated by playing the DJ has also nominated the applicant and the named accused stating that they were inquiring about Anjali and he had informed them that Anjali was the younger daughter of Prempal. 7. No good ground exits to release the applicant on bail. The bail application is accordingly rejected. Order Date :- 2.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad