Neutral Citation No. - 2025:AHC:81877 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8946 of 2025 Applicant :- Ashish @ Daini Opposite Party :- State of U.P. Counsel for Applicant :- Babita Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Babita Upadhyay, learned counsel appointed by High Court Legal Services for applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 327 of 2024, under Sections 302, 307, 120B IPC, Police Station Auraiya, District Auraiya, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation applicant was having illicit relationship with his bhabhi and therefore, he alongwith her committed murder of her three children but entire allegation levelled against the applicant is totally false. 4. She further submitted that as per statement of Sonu one of the sons of co-accused Priyanka, his mother was the principal accused who committed murder of his brothers and from his statement, it could not be reflected that applicant either participated in the commission of alleged murder or he himself committed murders of his brothers and this fact again suggests that applicant has been falsely made accused in the present matter. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 28.6.2024 i.e. for last almost a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it is a case of triple murder and as per FIR, applicant was having illicit relationship with mother of the deceased persons and he and mother of the deceased committed the murders but from the statement of Sonu, one of the sons of the co-accused Priyanka, who was also victim of the case, it reflects co-accused Priyanka was the principal accused who committed all the murders. 9. Further, applicant is having no criminal history and in the present matter, applicant is in jail for almost a year. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Ashish @ Daini, 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. 13. 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. 14. 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 :- 16.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad