Neutral Citation No. - 2025:AHC:2720 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41689 of 2024 Applicant :- Shivam Saini Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 157 of 2024, under Section 302 IPC, Police Station Nagal, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is the informant of the case and he lodged the FIR of the present case with regard to murder of his father but during investigation after two months on the basis of confessional statement of the applicant before two witnesses he has been made accused in the present matter. 4. He further submits, applicant neither committed the murder of his father nor he confessed his guilt before anyone. He further submits, as per prosecution, he even confessed his guilt before police and on his pointing out one knife was also recovered. 5. He further submits, applicant never confessed his guilt before the police and entire recovery is planted one and even alleged recovered knife could not be connected with the instant crime and admittedly there was no blood on the alleged recovered knife. 6. He further submits, except the extra judicial confession of the applicant and his confession before police and recovery of knife there is no 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 22.09.2024. 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. It is a case of circumstantial evidence and it appears, applicant was the informant of the case and he lodged the FIR of the present case against unknown persons with regard to murder of his father but after two months he has been made accused in the present matter on the basis of evidences that he used to quarrel with the deceased and he confessed his guilt before two witnesses and as per prosecution on the pointing out of the applicant one knife was also recovered but except the extra judicial confession of the applicant and his confession before the police and recovery of knife there is no evidence against the applicant on record. 10. Record further suggests that there was no blood on the alleged recovered knife and alleged recovered knife till date could not be connected with the instant crime. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.09.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Shivam Saini 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. 15. 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. 16. 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 :- 7.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad