Neutral Citation No. - 2025:AHC:77976 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13955 of 2025 Applicant :- Himanshu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vaibhav Yadav, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 20 of 2024, under Sections 302, 201 IPC, Police Station Dhata, District Fatehpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is the son of the deceased and as per allegation made in the FIR, which was lodged by his father he committed the murder of his mother but entire allegation leveled against the applicant is totally false. 4. He further submits, even from the FIR it reflects, father of the applicant i.e. informant of the case was not an eye witness. He further submits, there is no eye witness account and on the basis of suspicion applicant has been made accused in the present matter. 5. He further submits, even the dead body of the deceased i.e. mother of the applicant was found far from the house in a canal. He further submits, even informant of the case i.e. father of the applicant during trial has been declared hostile. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 24.02.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant committed the murder of his mother but it reflects, there is no eye witness account and except suspicion there is no cogent evidence in this regard on record. 10. Further, however, informant of the case is father of the applicant but it reflects, during trial he did not support the prosecution case and has been declared hostile. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 24.02.2024 i.e. for last more than a year. 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 - Himanshu Singh 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad