Neutral Citation No. - 2025:AHC:38377 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8970 of 2025 Applicant :- Ram Asare Opposite Party :- State of U.P. Counsel for Applicant :- Mahabeer,Shashi Kant Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashi Kant Pandey, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 46 of 2024, under Sections 302, 201 IPC, Police Station Jhunsi, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the murder of the mother of the informant and after more than six months, applicant has been made accused in the present matter through the statement of some witnesses. 5. He further submitted that however, these witnesses stated that they witnessed the applicant while he was making assault upon the deceased but as their statements were recorded after more than six months, therefore, no reliance can be placed on such testimonies. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 6.9.2024 i.e. for last more than five months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects that applicant was not named in the FIR and during investigation, he has been made accused in the present case on the basis of statement of some witnesses. Record suggests that however, these witnesses stated that they witnessed that applicant was making assault upon the deceased but their statements were recorded after six months and considering this fact, submission advanced by learned counsel for the applicant that no reliance was placed on such testimony, cannot be ruled out, at this stage. Further, in the present matter, applicant is in jail since 6.9.2024 i.e. for last more than five months. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Ram Asare, 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. 15. 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. 16. 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 :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad