Neutral Citation No. - 2025:AHC:87632 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15186 of 2025 Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Tripathi,Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Om Prakash Mishra, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2024, under Sections 103(1) BNS, Police Station Daurala, District Meerut, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation applicant committed the murder of his sister in presence of his parents and FIR of the present case was lodged by his father but during trial when his parents and other witnesses of facts appeared before the trial court then they did not support the prosecution case and have been declared hostile and from their statements recorded before trial court which have been filed alongwith the instant bail application, it reflects, deceased accidentally sustained injuries and died. 4. He further submitted that as after considering the statements of the alleged witnesses of facts, possibility of the conviction of the applicant in the present matter is quite remote, therefore, applicant should be released on bail. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 18.7.2024 i.e. for last more than 10 months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant committed the murder of his own sister due to greed of land and incident has been witnessed by his parents and even FIR of the present case was lodged by his father but could not dispute the fact that during trial all the witnesses of fact including parents of the applicant and deceased have been declared hostile. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However as per allegation, applicant committed the murder of his sister and incident has been witnessed by his parents and FIR of the present case was also lodged by his father but it reflects during trial all the witnesses of fact including his parents did not support the prosecution and have been declared hostile and from their statements recorded before the trial court it reflects deceased sustained injuries accidentally. Considering the fact that all the witnesses of fact have been declared hostile, the arguments advanced by learned counsel for the applicant that chances of conviction of the applicant in the present mater appears to be quite remote cannot be ruled out. 9. Further, law is settled that bail application of an accused should not be dismissed for punitive purpose. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 18.7.2024 i.e. for last more than 10 months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Arvind, 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. 14. 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. 15. 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 :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad