Neeraj Kumar vs State of U.P.

Neutral Citation No. - 2025:AHC:134896

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11936 of 2025

Applicant :- Neeraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present second bail application has been filed by the applicant in Case Crime No. 369 of 2023, under Sections - 302, 201 I.P.C., Police Station - Dholna, District - Kasganj, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 23.07.2024, passed in Criminal Misc. Bail Application No.14644 of 2024.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report was lodged by village Chaukidar on 14.12.2023, stating that on 01.12.2023 dead body of an unknown person has been found at Dholna-Charra road. Said dead body was later on identified to be of Gyan Singh. Applicant is son of deceased. As per prosecution version, deceased has deserted mother of applicant and he has started living with one Shanti Devi and he was insisting to sell his property, which was being objected by applicant and his brother Narendra. Learned counsel submitted that the said allegation is wholly false and there is no eye witness

of the alleged incident. Applicant has been falsely implicated merely on the basis of suspicion.

It is further submitted that first bail application of applicant was rejected by this Court vide order dated 23.07.2024 and after that statement of several witnesses have been recorded. Mainly the implication of applicant was shown on the basis of statement of Shanti Devi but during trial she has not made any allegation against applicant. The mother of applicant has also not supported the prosecution version and turned hostile. The allegation that applicant was involved in murder of his father is wholly false and applicant has absolutely no motive to indulge in such incident. No recovery of any incriminating article or weapon has been made from applicant. Co-accused Awadhesh Kumar, who is step brother of applicant, has already been granted bail by this Court, copy of this order is available on record. It is further submitted that material witnesses have already been examined and thus, there is no possibility of tampering with evidence. Similarly placed coaccused Narendra Kumar has already been granted bail by this Court vide order dated 17.02.2025, passed in Criminal Misc. Bail Application No. 14969 of 2024. The applicant has no criminal history. Lastly, it was submitted that applicant is languishing in jail since 15.12.2023 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but it could not be disputed that similarly placed co-accused has already been granted bail.

Considering the submissions of learned counsel for the parties, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on

merits, a case for bail is made out. Hence, the present second bail application is hereby allowed .

Let the applicant - Neeraj Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions :-

(i) The applicant shall not tamper with the evidence during trial.

(ii) The applicant shall not pressurize / intimidate the prosecution witnesses.

(iii) The applicant shall appear before the Trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case.