Neutral Citation No. - 2025:AHC:93779 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18332 of 2025 Applicant :- Satish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Salman Ahmad, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.48 of 2022, under Sections 302, 120-B I.P.C., Police Station Kalpi, District Jalaun, during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation, applicant and his wife alongwith co-accused Smt. Shobha Singh committed the murder of the brother of the informant by ablazing him but entire allegation levelled against applicant and his wife is totally false and admittedly there is no eye-witness account. 4. He further submits that actually deceased used to consume liquor and under deep intoxication on the roof he himself set on fire and thereafter entered in the room of applicant and thereafter applicant immediately taken him to the hospital and this fact is evident from page 31 of the paper book, which is G.D. Entry dated 09.03.2022 at 21:26 hrs. but unfortunately he could not be saved and died due to burn injuries. 5. He further submits that after three days i.e. on 12.03.2022 FIR of the present case was lodged. 6. He further submits that after considering the entire facts of the case in detail, co-accused Smt. Shobha Singh has been released on bail by Co-ordinate Bench of this Court vide order dated 13.12.2023 passed in Criminal Misc. Bail Application No.50864 of 2022 and however, she was lady but as far as facts of the case are concerned, case of applicant is at par with her. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 13.03.2022 i.e. for last more than three years. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicant alongwith his wife committed the murder of the brother of the informant by ablazing him but there is no eye-witness account. 11. Further, from the record, it reflects, immediately after the incident, applicant himself taken the deceased to the hospital and FIR of the present case was lodged after three days. 12. Further, co-accused Smt. Shobha Singh, the wife of the applicant, has been released on bail by Co-ordinate Bench of this Court vide order dated 13.12.2023 and as far as facts of the case are concerned, case of applicant is at par with her. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 13.03.2022 i.e. for last more than three years. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Satish 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 their 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. 17. 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. 18. 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 :- 28.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad