Neutral Citation No. - 2025:AHC:5811 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29751 of 2024 Applicant :- Aslendra Alias Tinka Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Kumar Counsel for Opposite Party :- G.A.,Vipin Chandra Pandey Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record. 2. The present second bail application has been filed by the applicant in Case Crime No. 730 of 2022, under Sections - 364, 302, 201, 34 I.P.C., Police Station - Atmaddaula, District - Agra, with the prayer to enlarge the applicant on bail. The first bail application was dismissed vide order dated 22.04.2024. 3. According to prosecution version, on 22.10.2022 at about 06:00 PM, while four years old child of informant was playing near his home, suddenly he has gone missing from there. It appears that on next day the dead body of deceased child was found in a pit. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first information report. It was submitted that during investigation, the prosecution has introduced one Smt. Sheela Devi and Ranjeet, who have stated that on 22.10.2022 at about 07:00 PM they have seen that deceased was being taken away by applicant on his motorcycle. It was submitted that the said witness Smt. Sheela Devi is mother of informant and if she might have seen the applicant taking away deceased on motorcycle, this fact must have been mentioned in the first information report. In the first information report, there is no such version. Said witness Ranjeet is neighbor of informant and that his statement under Section 161 Cr.P.C. was recorded with long delay. The alleged recovery of country made pistol shown at the instance of applicant and co-accused Santosh @ Bunty is wholly false and there is no independent witness of alleged recovery. It was submitted that there is no eye-witness of alleged incident and there is no credible evidence against the applicant. Applicant has no motive to commit murder of deceased. Applicant is in jail since 24.10.2022. Lastly, it was stated that in case applicant is granted bail, he will not misuse the liberty of bail. 5. On the other hand, learned A.G.A. as well as learned counsel for the informant have opposed the bail application and submitted that in the alleged incident a four years old innocent child was murdered by firing bullet at him. The deceased was last seen with applicant by witness Sheela Devi and Ranjeet, while deceased was being taken away by applicant and co-accused on motorcycle. Said Ranjeet is an independent witness. Recovery of country made pistol used in the incident was also made at the instance of applicant and co-accused. 6. I have considered the rival submissions and perused the record. 7. The case relates to kidnapping and murder of four years old child. There is evidence that deceased was taken away by applicant and co-accused on motorcycle on 22.10.2022 and after that his dead body was found in a pit. The bail application of similarly place co-accused Santosh @ Bunty has already been rejected by this Court. 8. Considering submissions of learned counsel for the parties, nature of accusations and all attending facts, without expressing any opinion on merits, no case for grant of bail is made out. 9. Accordingly, the instant second bail application filed on behalf of applicant Aslendra alias Tinka is rejected. Order Date :- 10.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad