Neutral Citation No. - 2025:AHC:78813 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13154 of 2025 Applicant :- Sarfraj Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sanjay Kumar Sharma,Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 278 of 2023, under Sections 302, 201, 120B IPC, Police Station Bachhraon, District Amroha, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is however, son of the deceased and he has been named in the FIR alongwith co-accused Shaukeen@Latoor but it reflects that with the aid of section 120B IPC he has been made accused in the present matter alongwith co-accused. 4. He further submitted that it is a case of circumstantial evidence and except suspicion, there is no evidence against the applicant on record. 5. He further submitted that even the evidence of last seen is against co-accused Shaukeen@Latoor and he has already been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed at page-105 of the paper book and on merit, case of applicant is on better footing than him. 6. He further submitted that there is no evidence of conspiracy against the applicant. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 1.10.2023 i.e. for last more than one and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is son of the deceased and as per allegation he committed murder of his father alongwith co-accused Shaukeen@Latoor with intention to grab the property of his father but it reflects, he has been made accused in the present matter with the aid of section 120B IPC and there is no cogent evidence of conspiracy against him on record. 11. Further, even as per allegation co-accused Shaukeen@Latoor had taken the deceased and therefore, there was evidence of last seen against him and he has already been released on bail by this Court and it appears case of applicant is on better footing than him. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 1.10.2023 i.e. for last more than one and half years. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Sarfraj, 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. 16. 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. 17. 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 :- 14.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad