Neutral Citation No. - 2025:AHC:85928 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17375 of 2025 Applicant :- Firoz Khan Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Devesh Kumar Shukla,, learned counsel for the applicant and Sri Manoj Kumar, learned Brief Holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.31 of 2025, under Sections 103(1) and 238 BNS, Police Station Hasayan, District Hathras, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the son of the deceased and he himself lodged FIR of the present case with regard to murder of his mother against unknown person but during investigation he himself has been made accused in the present matter without any cogent evidence. 4. He further submitted that there is no cogent evidence against the applicant except suspicion which can suggest that applicant involved in the present matter alongwith his wife as alleged by the prosecution. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 16.02.2025. 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, as per allegation applicant committed murder of his mother alongwith his wife but it reflects that he himself lodged FIR of the present case against unknown person with regard to murder of his mother and it appears during investigation he has been made accused but it reflects except suspicion and confessional statement of the applicant and statement of the co- accused i.e. wife of the applicant before police, there is no cogent evidence against the applicant on record. 9. Further, after considering entire facts of the case in detail bail application of co-accused Meera Begum, wife of the applicant has been allowed by this Court vide order dated 13.5.2025 passed in Crl. Misc. Bail Application No. 11948 of 2025. 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-Firoz Khan, 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 :- 21.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad