Neutral Citation No. - 2025:AHC:87824 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14884 of 2025 Applicant :- Harendra Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Harendra, seeking enlargement on bail during trial in connection with Case Crime No. 793 of 2024, under Section 103(1) BNS, registered at Police Station Baraut, District Baghpat. 4. The FIR of the matter was lodged on 18.11.2024 by Rupendra Kumar against the applicant alleging therein that the applicant had a dispute with his father regarding partition of property. He was counselled a lot but he could not understand it. On 17.11.2024 his father had gone to irrigate the field of wheat crop wherein his brother Harendra was present since before who stopped him from irrigating it, later on, on some talks assaulted his father with a favra on his head and murdered him. On searching he reached the field and found his father is lying dead in the field. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that although the applicant is the son of the deceased but he has been falsely implicated in the present case. It is submitted that there is no eye witness to the murder. It is submitted that the trial in the matter has started in which the first informant has been examined on perusal of which would go to show that he is not the eye witness to the incident. It is submitted that as such his implication in the present case is on the basis of suspicion only. It is submitted that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 19.11.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the son of the deceased. It is submitted that the FIR was lodged by the brother of the applicant. It is submitted that the other arguments could not be disputed. 7. After having heard learned counsels for the parties and perusing the records, it is evident that there is no eye witness to the murder. His implication is on the basis of suspicion only. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant Harendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. Order Date :- 23.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad