Neutral Citation No. - 2025:AHC:21657 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1609 of 2025 Applicant :- Dilip Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Vishwakarma,Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 232 of 2024, under Section 302 IPC, Police Station- Ghosi, District- Mau, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 07.06.2024 against applicant and according to FIR, applicant is the younger son of the informant and on 06.06.2024, he committed the murder of his elder brother by causing injury through hammer. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submitted that however, informant i.e. his mother claimed herself to be an eye-witness but even from the record, it could not be reflected that applicant was having any strong motive to commit the murder of his elder brother. 5. He further submitted that even from the entire evidence, it could not be reflected that applicant was having any intention to cause death of the deceased. He further submitted that even from the statement of the informant i.e. mother of the applicant recorded before trial court, it reflects, applicant was not mentally fit. 6. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 11.06.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is younger brother of the deceased and as per his mother i.e. informant of the case, who was eye-witness, he caused injury on the head of the deceased through hammer, therefore, it cannot be said that applicant was not having intention to cause his death. He further submitted that statement of the informant recorded before the trial court cannot be meticulously examined by this Court at this stage. He next submits, even there is no evidence on record, which can suggests that applicant was not mentally fit as no medical report has been filed in this regard, therefore, considering the facts of the case, applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, applicant committed the murder of his elder brother by causing injury through hammer and incident has been witnessed by his mother, therefore, his mother is the eye-witness of the incident, therefore, considering this fact I am not inclined to release the applicant on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 11. 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 :- 14.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad