Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40850 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2236 of 2025 Applicant :- Ashutosh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Manish Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Manish Ojha, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 84 of 2023, under Section 302 IPC, Police Station- Kotwali, District- Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation, applicant committed the murder of the deceased by causing knife injury to him and incident occurred in his house and incident has been witnessed by his parents and his parents also stated against him during investigation in their statements but entire allegations levelled against the applicant are totally false. 4. He further submitted that from the entire facts of the case, it could not be reflected that what was the motive for the applicant to commit the instant crime. 5. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 16.07.2023 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant committed the murder of the deceased by inflicting knife injury to him and incident has been witnessed by his parents and his parents stated against him in their statements recorded during investigation, therefore, applicant should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, in the present matter, applicant is in jail for last more than one and half years but as per allegation, he committed the murder of the deceased in his house by inflicting knife injury to him and incident has been witnessed by his parents and his parents stated against him in their statements recorded during investigation, therefore, I am not inclined to release the applicant on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 10.
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 :- 20.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad