Neutral Citation No. - 2025:AHC:82054 Reserved On:-13.05.2025 Delivered On:-17.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26937 of 2024 Applicant :- Ilyas Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pathak,S.M.Faraz I. Kazmi Counsel for Opposite Party :- Ashutosh Gupta,G.A. Hon'ble Siddharth,J. Heard Sri S.M.Faraz I. Kazmi, learned counsel for the applicant; Mohd. Areeb, Advocate, holding brief of Sri Ashutosh Gupta, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Ilyas Khan, with a prayer to release him on bail in Case Crime No. 22 of 2024, under Section- 302, 120-B of I.P.C., Police Station - Bharatkoop, District-Chitrakoot. There are allegations in the F.I.R., that on 18.02.2024, Pinki, went to the house of one, Ram Babu, for milking buffalo on 18.02.2024 and found his doors were closed from inside. His mobile phone was not responding. Wife and children of Ram Babu had gone to Kanthipur. On the information of Pinki, the informant and his nephew, Kanchan, came and with the help of ladder, they went on the roof of the house and then found Ram Babu lying on his bed in pool of blood. Hence, F.I.R., was lodged on 18.02.2024. Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R., nor in the statement of the informant. The applicant was arrested on the basis of information given by informant and his extra judicial confession was recorded on same day. Recovery of a country-made pistol (315 bore) was also made on his pointing out without supported by any independent witness. From the call details collected by the investigating officer, it was found that the applicant has made calls on the mobile phone of the wife of the deceased, namely, Savita Patel. This is the evidence collected against the applicant. Deceased, Ram Babu, and his wife, Savita Patel, purchased building material from the shop of the real brother of the applicant and made only part payment. The applicant made calls on the mobile phone of Ram Babu and his wife to get remaining amount of his brother recovered. It is a case of circumstantial evidence. The applicant has no criminal history to his credit and is languishing in jail since 27.02.2024. The wife of the deceased has already been enlarged on bail by coordinate Bench of this Court vide Criminal Misc. Bail Application No. 27980 of 2024. Hence, the applicant also deserves to be enlarged on bail. Learned AGA and learned counsel for informant have vehemently opposed the bail application and they have submitted that the applicant posted his photographs with the wife of the deceased, Savita Patel, on facebook. Thereafter, dispute took place between the deceased and the applicant and hence the applicant caused his murder. After hearing the rival submissions, this Court finds that the main role and motive of commission of crime has been assigned to the applicant. Trial court has submitted report to this Court stating that trial would be concluded very soon. This Court does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C. (new section 346 B.N.S.S.) Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 17.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad