Neutral Citation No. - 2025:AHC:91574 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17076 of 2025 Applicant :- Shahjaduddin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- Asif Hasan,G.A.,Tufail Hasan Hon'ble Sameer Jain,J. 1. Heard Shri Rajkumar Pandey, Advocate holding brief of Shri Yogendra Kumar Srivastava, learned counsel for the applicants, Shri Santosh Nigam, learned A.G.A. for the State-respondent and Shri Tufail Hasan, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicants on bail in Complaint No.19084 of 2021, under Section 302 I.P.C., Police Station Matsaina, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for applicants submits that applicants have been summoned in a complaint case and even complaint was filed after more than a month. He next submits, however as per allegation, applicants committed the murder of the son of the complainant by drowning but entire allegations levelled against them are totally false. 4. He further submits that however, from the statement of P.W.- 3 Mohd. Masroor, it reflects, according to him, applicants were forcibly drowning the deceased but prima-facie, his statement does not appear to be convincing. 5. He further submits that actually applicants and deceased had gone in the river for the purpose to take bath and accidentally deceased died due to drowning but after one month, a false story has been cooked up by the complainant and filed complaint of the present case. 6. He further submits that however, applicants have been summoned on 22.06.2023 in the present matter but they were not the absconder and in the year 2023, they filed an application u/s 482 Cr.P.C. vide No.31764 of 2023 before this Court challenging the proceedings of case pending against them but unfortunately till date the same could not be taken up and the same is still pending and thereafter applicants surrendered before the court concerned on 17.04.2025 and since then they are in jail in the present matter. 7. He further submits that applicants are having no criminal history. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, from perusal of the statement of P.W.-3 Mohd. Masroor, it reflects, applicants committed the murder of the deceased but could not dispute the fact that applicants have been summoned in a complaint case even complaint was filed after more than a month. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, applicants committed the murder of the son of the complainant but it reflects, applicants have been summoned in a complaint case, which was filed by the father of the deceased and even complaint case was filed after more than a month. 11. Further, however, from the statement of P.W.-3 Mohd. Masroor, who has been examined under Section 202 Cr.P.C., it reflects, he was the eye-witness but considering the overall facts and circumstances of the case, his statement does not appear to be convincing. 12. Further, considering the fact that deceased died due to drowning, the argument advanced by learned counsel for the applicants that it is a case of accidental death, cannot be ruled out at this stage specially considering the fact that even complaint of the present case has been filed after more than a month. 13. Further, however, it appears applicants have been summoned in the year 2023 and they are in jail since 17.04.2025 but considering the fact that they challenged their summoning order before this Court in an application u/s 482 Cr.P.C. in the year 2023 and their application is still pending, the argument advanced by learned counsel for the applicants that they are not absconder, cannot be ruled out. 14. Further, applicants are having no criminal history. 15. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicants are entitled to be enlarged on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicants- Shahjaduddin and Sahiv @ Chhote, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti- social activity. 18. 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 applicants. 19. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad