Neutral Citation No. - 2025:AHC:88970 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16101 of 2025 Applicant :- Rishi Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 243 of 2024, under Sections 103(1) B.N.S., Police Station Bilhaur, District Kanpur Nagar during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is son of the deceased but nobody was named in the FIR which was lodged by mother of the applicant however during investigation when the statement of the mother of the applicant was recorded by the Investigating Officer then she raised suspicion against applicant and thereafter applicant has been made accused in the present matter. 5. He further submits, as far as evidence is concerned, except suspicion and confessional statement of the applicant Investigating Officer could not collect any cogent evidence against the applicant. He next submits, even during trial mother of the applicant i.e. informant of the case did not support the prosecution case and her statement recorded before the trial court has been annexed along with supplementary affidavit filed in support of instant bail application. 6. He next submits, there is no cogent evidence against the applicant on record on the basis of which he can be convicted in the instant crime. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 31.08.2024 i.e. for last more than eight months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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 the murder of his father but it reflects, it is a case of circumstantial evidence and nobody could see the real incident and on the basis of suspicion raised by his mother i.e. informant of the case he has been made accused in the present matter. 11. Further, it also reflects, even mother of the applicant i.e. informant of the case during trial did not support the prosecution case. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 31.08.2024 i.e. for last more than eight months. 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 - Rishi 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 :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad