HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35203 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.722 of 2025, under Section 103(1) BNS and Section 3/25/27 Arms Act, Police Station Pilakhuwa, District Hapur, during pendency of the trial. 3. Learned counsel for the applicant submits, however applicant is husband of the deceased and as per allegation he by causing firearm injury committed her murder but entire allegations levelled against the applicant are totally false. 4. He next submits, from the postmortem report it reflects, deceased died due to firearm injury but applicant is innocent as on the date of incident he was not present in his home. He further submits, as his dispute very often arose with the deceased therefore after her death informant i.e. brother of the deceased lodged FIR of the present case. 5. He further submits, there is no evidence on record which can suggest, on the date of incident applicant was inside the house along with deceased. He further argued, however during investigation I.O. recorded the statement of the four year old daughter of deceased and she also stated against applicant but prima facie her statement appears to be doubtful as prima facie she appears to be tutored. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Sachin .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He next submits, applicant is not having any criminal history and in the present matter he is in jail since 18.12.2025. 7. Per contra, AGA opposed the prayer for bail and submits, applicant is husband of the deceased and as per allegation he by causing firearm injury committed her murder and even postmortem report suggests, deceased died due to firearm injury. He further argued, there is no cogent evidence which can suggest, applicant was not inside the house and even statement of daughter of the deceased who was four years old indicates towards the guilt of applicant. 8. He next submits, therefore considering the facts of the case, instant bail application may be dismissed. 9. I have heard both the parties and perused the record of the case. 10. Applicant is husband of the deceased and as per allegation he by causing firearm injury committed her murder and even postmortem report suggests, deceased died due to firearm injury. 11. Further, however as per learned counsel for the applicant, he was not present in his home on the date of incident but no such averment has been made by him in the instant bail application. Further, even there is no evidence that on the date and time of incident applicant was not present in his home. 12. Further, considering the statement of daughter of the informant who was though four years old it reflects, applicant was not only present in his home but he also caused firearm injury to the deceased. The fact that whether this witness was tutored one or whether she was in a position to give any statement or not, it can only be properly appreciated by the trial court during trial. 13. In considered view of this Court, considering the facts of the case, prima facie it cannot be said that applicant is innocent. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. BAIL No. 35203 of 2026 2 15. Accordingly, the instant bail application stands dismissed. 16. 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. October 1, 2026 Shahroz BAIL No. 35203 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad