Neutral Citation No. - 2025:AHC:27603 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2553 of 2025 Applicant :- Arun Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rama Shankar Mishra, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2024, under Sections 103(1), 3(5) & 61(2) BNS, Police Station Kakor, District Bulandshahar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the informant of the case and he earlier lodged FIR of the present case against unknown person with regard to the murder of his father but during investigation merely on the basis of suspicion and motive with the aid of section 61(2) BNS, he has been made accused in the present matter. 4. He further submitted that as per prosecution, deceased was having illicit relationship with one lady and due to this reason, applicant and his family members were inimical with him and they with intention to grab his property committed his murder but except the bald and verbal allegation, there is no cogent evidence against the applicant on record. 5. He further submitted that it is a case of circumstantial evidence and prosecution failed to connect the applicant with the instant crime. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 21.7.2024 i.e. for last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 is the informant of the case and subsequently, he has been made accused in the present matter with the allegation that actually he alongwith others committed the murder of his father with intention to grab his property as his father was having illicit relationship with other lady but it appears except bald and verbal allegation, there is no other cogent evidence against the applicant on record. 10. Further, applicant Is not having any previous criminal history and in the present matter, applicant is in jail since 21.7.2024 i.e. for last more than seven 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-Arun, 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 :- 27.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad