Neutral Citation No. - 2025:AHC:62120 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3305 of 2025 Applicant :- Pramendra Alias Parmindar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar,Sunil Kumar Tiwari,Vijay Kumar,Vimal Kant Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Vijay Kumar, learned counsel for the applicants and Shri Pardeep Kumar, learned A.G.A for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 0427 of 2024, under Sections 333, 115(2) and 105 B.N.S., Police Station Jhinjhana, District Shamli during pendency of the trial. 3. Learned counsel for the applicants submits, however, as per allegations made in the F.I.R., applicants after entering the house of the informant, committed the murder of his father and incident has been witnessed by informant, his sons- Rohit and Ankur but during trial all these witnesses of facts have been declared hostile as they did not support the prosecution case and their statements recorded before the trial court have been annexed along with the supplementary affidavit dated 02.04.2025 filed in support of the instant bail application. 4. He further submits, except the above witnesses, there is no eye witnesses account. 5. He further submits, applicants are not having any criminal history and they are in jail since 15.10.2024 i.e. for last more than six months. 6. Per contra, learned A.G.A. opposed the prayer for bail and submits, applicant no.1- Pramendra alias Parmindar is also having criminal history of one another case but he fairly conceded, the said case relates to minor offences. 7. Learned A.G.A. could not dispute the other arguments on facts advanced by learned counsel for the applicants including the fact that there were three eye witnesses and all the three, during trial, have been turned hostile. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation after entering in the house of the informant, applicants committed murder of his father but it appears, during trial, informant and his both the sons have been declared hostile and except above three, there is no other eye witness of the case. Further, however, it reflects applicant no.1 is also having criminal history of one another case and he did not explain his criminal history in the instant bail application but that relates to minor offences. Further, applicant no.2 is not having any criminal history. 10. Further, in the present matter, the applicants are in jail since 15.10.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Pramendra alias Parmindar and Sushil 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. 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 applicants. 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 :- 23.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad