Dismissed

Upendra Alias Bhanvar Pal v. State of U.P.

Allahabad HC10 Mar 2025BAIL/8330/2025

Case brief

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Allahabad High Court; Criminal Misc. Bail Application No. 8330 of 2025; Upendra alias Bhanvar Pal v. State of U.P.; Sameer Jain, J.; bail rejected; Case Crime No. 51 of 2023; Sections 302, 201 IPC; Sections 3/25 Arms Act; murder of wife by fire-arm injury; eyewitness mother of deceased; multiple witnesses; incarceration since 20.02.2023 (over two years); P.S. Mau Darwaja, District Farrukhabad; no

What the court decided

AI extract

Upendra Alias Bhanvar Pal vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:51891

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8330 of 2025

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Applicant :- Upendra Alias Bhanvar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Arun Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 51 of 2023, under Sections 302, 201 IPC & 3/25 Arms Act, Police Station- Mau Darwaja, District- Farrukhabad, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, applicant is the husband of the deceased and as per allegation, he caused fire-arm injury to his wife due to which, she died but entire allegations levelled against the applicant are totally false.

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He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 20.02.2023 i.e. for last more than two years, therefore, considering the long incarceration of the applicant, he should be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that however, applicant is in jail in the present matter for last more than two year but he is the husband of the deceased and as per allegation, he by causing fire-arm injury to his wife committed her murder and informant of the case i.e. mother of the deceased is the eye-witness, therefore, he should not be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant is in jail in the present matter for last more

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than two years but allegation levelled against him is quite serious and as per allegation, he committed the murder of his wife by causing fire-arm injury and from the record, it reflects, incident has been witnessed by number of witnesses and there is no reason to disbelieve their testimony, therefore, I am not inclined to release the applicant on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected .

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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.

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Order Date :- 9.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Upendra Alias Bhanvar Pal v. State of U.P.

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Upendra Alias Bhanvar Pal v. State of U.P.

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