Neutral Citation No. - 2025:AHC:82836 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16861 of 2025 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Aslam, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 312 of 2023, under Sections 302 IPC and Section 4/25 Arms Act, Police Station Kotwali Dehat, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is father of the deceased and as per allegation by causing knife injuries he committed his murder but entire allegation leveled against the applicant is totally false. 4. He further submits, from the record, it reflects, mother of the deceased i.e. wife of the applicant was sole eye witness and, however, during investigation she stated that applicant by causing knife injuries committed the murder of the deceased but even from her statements it reflects, it was a case of sudden provocation. 5. He further submits, sole eye witness i.e. mother of the deceased has been examined by the trial court and she before the trial court did not support the prosecution case and has been declared hostile and her statement recorded before the trial court has been annexed along with instant bail application. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.09.2023 i.e. for last more than one and half years. 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 by causing knife injuries committed the murder of his son and incident has been witnessed by his wife but it reflects, during trial the sole eye witness of the incident i.e. wife of the applicant has been turned hostile. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 11.09.2023 i.e. for last more than one and half years. 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 - Mukesh 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad