JUDGMENT Bachchoo Lal,J. This bail application has been moved on behalf of the applicant Roop Lal who is involved in Case Crime No. 201 of 2016, under section 304 I.P.C. Police Station Bhojipura, District Bareilly. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. It has been contended by the learned counsel for the applicant that the applicant is brother of deceased. The applicant has not committed the alleged offence, false allegation has been made against him. In fact, deceased sustained injuries falling from a motorcycle. The applicant had not caused any injury to deceased. It has further been submitted that in inquest report only two injuries have been found on the body of deceased. In post mortem report five injuries have been shown on the body of deceased. The applicant had not committed any marpit with deceased. There is no independent witness of the alleged occurrence. There is no criminal history of applicant and he is in jail since 27.3.2016. Per contra learned A.G.A. opposed the prayer for bail and argued that applicant is real brother of deceased. The applicant is named in the first information report. This is a broad day light incident. Rajendra and Kailash are eye witnesses of the alleged incident. A danda used in commission of murder of deceased has been recovered on the pointing out of applicant. In post mortem report five injuries have been found on the body of deceased. The applicant and other co accused have committed murder of deceased, therefore, applicant is not entitled for bail. Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the bail application is hereby rejected.