Brajesh Kumar v. State of U.P

Heard Sri Satendra Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State.

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.452 of 2023, under Section 302 IPC, Police Station Eka, District Firozabad during pendency of the trial.

Learned counsel for the applicant submits, however, applicant is brother of the deceased and he has been named in the FIR along with two others and FIR of the present case was lodged by his wife but it reflects, FIR is based on mere suspicion.

He further submits, it is a case of circumstantial and there is no eye witness account and only due to previous animosity applicant has been made accused in the present matter along with others and except suspicion there is no other cogent and admissible evidence against the applicant on record.

He further submits, applicant is not having any criminal history and in the present matter he is in jail since 13.12.2023 i.e. for last almost one and half years.

Per contra, learned AGA opposed the prayer for bail and submits, applicant is brother of the deceased and he committed the murder of the deceased along with two others but could not dispute the fact that except suspicion and confessional statement of the applicant there is no other evidence against the applicant on record.

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

However, applicant is named in the FIR along with two others and as per allegation he committed the murder of his brother but it reflects, except suspicion there is no other cogent and admissible evidence against the applicant on record.

Further, applicant is not having any criminal history and in the present matter he is in jail since 13.12.2023 i.e. for last almost one and half years.

Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

Let the applicant - Brajesh Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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 :- 13.5.2025 AK Pandey ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad