Neutral Citation No. - 2025:AHC:19973 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 103 of 2025 Petitioner :- Mohammad Sartaj And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Bed Kant Mishra, learned counsel for petitioner no.1 (father of petitioner no.1/corpus) and Sri Pawan Srivastava, learned AGA. 2. By means of present petition, petitioner no.1 is seeking the following relief:- "(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondent no.4 to 7 to produce the petitioner no.2 (corpus Mohammad Bilal) before this Hon'ble Court who has illegally been detained by the respondent no.4 to 7." 3. At the very outset, learned AGA apprised the Court that petitioner no.1 is facing trial on a charge of murder of his wife and as such, custody of his minor son (corpus) may not be handed over to him. 4. Considering the preliminary objection raised by learned AGA and the observations made by Hon'ble the Apex Court in the case of Nil Ratan Kundu Vs. Abhijit Kundu [(2008) 9 SCC 413] which has also been followed by Coordinate Bench of this Court in the case of Shaurya Gautam Vs. State of U.P. [2020 SCC Online All 1372], wherein the involvement of a natural guardian, in a criminal case relating to the death of a spouse, was held to be an important consideration while determining the question of welfare of the minor and as such, this Court does not think that petitioner is entitled to the minor's custody, at least at this stage, when he is facing criminal charges, moreover there is hardly any case made out of illegal detention. 5. In view thereof, the present petition stands dismissed. 6. After dismissal of the petition, learned counsel for petitioner no.1 requested to extend visitation rights in favour of father of corpus. 7. Considering the said prayer, petitioner no.1/father of corpus is hereby given visitation rights to meet the corpus on every Sunday of each month between 12:00 noon to 4:00 p.m. 8. Respondent nos.4 to 7 are also directed that they will not create any hindrance or disturbance in meeting of petitioner no.1/father with the corpus. It is made clear that meeting shall take place at common place such as park/restaurant/mall/temple etc. Order Date :- 11.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad