Neutral Citation No. - 2025:AHC:28810 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40020 of 2024 Applicant :- Kailash Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S.K. Singh, learned Advocate holding brief of Sri Pradeep Kumar, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 289 of 2024, under Sections 304, 201 IPC, Police Station Nichlaul, District Maharajganj during pendency of the trial. 3. FIR of the present case was lodged on 11.06.2024 against applicant and co-accused Manjil Sahni and according to the FIR in the night of 9/10.06.2024 Vakeel @ Raju was under intoxication and he started abusing and after that applicant, who was his father along with his brother i.e. co-accused Manjil Sahni beaten him and thereafter both took him to the hospital for treatment but they did not return and in the village there was news that Wakeel @ Raju has died. 4. Learned counsel for the applicant submits, informant is a villager and she is not an eye witness. He further submits, even during investigation Investigating Officer could not record the statement of any eye witness and it appears, merely on the basis of suspicion, applicant has been made accused in the present matter along with his another son. 5. He further submits, applicant is father of the deceased and there was no occasion for him to cause his death. He further submits, there is no cogent evidence on record which can connect the applicant with the instant crime. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.06.2024 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is father of the deceased and as per allegation, he along with his another son badly beaten the deceased due to which he died but it appears, no one could see the real incident and there is also no evidence which can suggests that applicant and co-accused were last seen along with deceased. Considering all these facts, the argument advanced by learned counsel for the applicant that merely on the basis of suspicion applicant has been made accused in the present matter, cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 11.06.2024 i.e. for last more than eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Kailash Sahni 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. 14. 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. 15. 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 :- 28.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad