Neutral Citation No. - 2025:AHC:4230 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45742 of 2024 Applicant :- Naveen Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar,Vijay Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 316 of 2024, under Sections 447, 448, 302, 328 IPC, Police Station Sirsaganj, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged through an application under section 156(3) Cr.P.C. and even application under section 156(3) Cr.P.C. was moved after two months of the alleged incident and this inordinate delay in lodging the FIR itself suggests that it is based on false and frivolous facts and on the basis of false allegations, applicant has been made accused in the present matter alongwith his other family members including his son Vikas Chandra. 4. He further submitted that after considering entire facts of the cases, son of the applicant i.e. co-accused Vikas Chandra has already been released on bail by this Court vide order dated 3.1.2025 passed in Crl. Misc. Bail Application No. 45078 of 2024 and on facts case of applicant is at par with him. 5. He further submitted that apart from the present case applicant is having previous criminal history of one another case but his criminal history has been explained in the instant bail application. 6. He further submitted that applicant is in jail in the present matter since 9.9.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case and one case of section 376 IPC, applicant is also having criminal history of another case but he fairly conceded, that case relates to minor offence under section 323 IPC. 8. Learned AGA further could not dispute the fact that bail application of co-accused Vikash Chandra has been allowed by this Court and on facts, case of applicant is at par with him. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant alongwith his family members including his son i.e. Vikash Chandra committed the murder of his brother but it reflects that it appears to be a case of circumstantial evidence and there is no eye witness account and FIR of the present case was lodged through an application under section 156(3) Cr.P.C. after several months and even application under section 156(3) Cr.P.C. was moved after two months from the alleged incident. 11. Further, after considering the facts and circumstances of the case, co-accused Vikash Chandra, son of the applicant has been released on bail by this Court with a detailed order and on facts, case of applicant is at par with him. 12. Further, apart from the present case, it appears that applicant is however having criminal history of two other cases but out of two cases, one case relates to minor offence and however, he is having criminal history of another case relates to offence under section 376 IPC but his criminal history has been explained by the applicant in the instant bail application. 13. Further, in the present case, applicant is in jail since 9.9.2024. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is 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 applicant-Naveen Chandra, 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. 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 applicant. 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 :- 8.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad