Neutral Citation No. - 2025:AHC:64893 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2419 of 2025 Applicant :- Vishal Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 538 of 2023, under Sections 302 IPC, Police Station Kotwali, District Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation applicant committed the murder of his father but entire allegations levelled against the applicant is totally false. 5. He further submitted that even from the FIR it reflects that at the time of incident, applicant was under intoxication. 6. He further submitted that mother of the applicant i.e. informant of the case was the sole eye witness and during trial she did not support the prosecution case and she has been declared hostile and her statement recorded before the trial court has been annexed alongwith the supplementary affidavit dated 24.4.2025. 7. He further submitted that even sister of the applicant has also been declared hostile and her statement has also been annexed alongwith the supplementary affidavit. 8. He further submitted that no cogent evidence is left against the applicant on the basis of which, he can be convicted in the present matter. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since September, 2023 i.e. for last one an half years. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant committed the murder of his father and post mortem report of the deceased also suggests that he died due to throttling but it reflects, incident has been witnessed by mother of the applicant who was also informant of the case but she during trial did not support the prosecution and has been turned hostile. 13. Further, even it reflects that sister of the applicant also turned hostile during trial and considering the fact that sole eye witness has already been turned hostile, the argument advanced by learned counsel for the applicant that in the present matter chances of conviction of the applicant appears to be quite remote, cannot be ruled out, at this stage. 14. Further, in the present matter, applicant is in jail since September, 2023 i.e. for last more than one and half years. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Vishal Prajapati, 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. 18. 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. 19. 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 :- 28.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad