Neutral Citation No. - 2025:AHC:75218 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41488 of 2024 Applicant :- Jawahar Opposite Party :- State of U.P. Counsel for Applicant :- Arunesh Kumar Singh,Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42402 of 2024 Applicant :- Santosh Opposite Party :- State of U.P. Counsel for Applicant :- Arunesh Kumar Singh,Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. As both the bail applications are arising out of same FIR, therefore, both the bail applications are being disposed off by a common order. 2. Supplementary affidavits and Rejoinder affidavits filed by the applicants are taken on record. 3. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicants and Sri R.N. Srivastava, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 191 of 2023, under Sections 323, 304, 308 IPC, Police Station Ramkola, District Kushinagar during pendency of the trial. 5. Learned counsel for the applicants submitted that however as per allegation applicants by causing injuries caused the death of their father but entire allegation leveled against them are totally false. 6. He further submitted that however mother and brother of the applicants were the eye witnesses but during trial they did not support the prosecution case and they have been declared hostile and their statements have been annexed along with supplementary affidavit and rejoinder affidavit filed in support of instant bail applications. 7. He further submitted that however applicant Santosh is not having any criminal history but applicant Jawahar is having criminal history of one another case but that case relates to minor offence. 8. He further submitted that in the present matter applicants are in jail since 22.03.2024 i.e. for last more than a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, by causing injuries applicants caused death of their father but it reflects, during trial informant of the case i.e. mother of the applicants and their brother have been declared hostile and except these two witness, it appears, there is no eye witness account. 12. Further, however, applicant Jawahar is having criminal history of one another case but that case relates to minor offence and applicant Santosh is not having any criminal history. 13. Further, in the present matter applicants are in jail since 22.03.2024 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicants - Jawahar and Santosh 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 17. 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 applicants. 18. 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 :- 8.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad