Neutral Citation No. - 2025:AHC:91814 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18389 of 2025 Applicant :- Shivam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Singh Chauhan,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2025, under Sections 105, 230 BNS, Police Station Dakor, District Jalaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was the informant of the case and he lodged FIR of the present case against unknown culprits and as per FIR some unknown thieves entered in the house of the applicant and caused injuries to his parents and due to the injuries caused by them subsequently mother of the applicant died but surprisingly during investigation after two months, applicant has been made accused in the present matter. 4. She further submitted that from the record it reflects that after the incident swab of the applicant was taken and from the FSL report it was found that the nitrite was present on his palm, therefore, he has been made accused in the present matter but in spite of that applicant has been made accused. 5. She further submitted that it is a case in which even in the alleged incident, father of the applicant also sustained injuries and he also reiterated the version of the FIR. 6. She further submitted that even from perusal of the record, it reflects that Shailendra, cousin of the applicant was also the eye witness and he also reiterated the version of the FIR and according to him applicant kicked up the cartridges which were lying on spot and therefore, possibility of presence of nitrite on the palm of the applicant due to this reason cannot be ruled out and in any case, after disbelieving the statement of the injured, merely, on the basis of the fact that on the palm of the applicant presence of nitrite was found it cannot be said that applicant was the person who caused death of his mother. 7. 7. She further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.4.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. From the record, it reflects that applicant is the person who himself lodged FIR of the present case with regard to the injuries caused to his parents and in the alleged incident, mother of the applicant died and his father sustained injuries and even his father in his statement recorded during investigation reiterated the version of the FIR but it reflects that during investigation applicant has been made accused in the present matter on the ground that on his palm nitrite was present but considering the statement of the alleged witness Shailendra, cousin of the applicant, it reflects that after the incident applicant also took the cartridges which were lying at spot and considering this fact, the argument advanced by learned counsel for the applicant that only due this reason, it appears that nitrite was found at the palm of the applicant, cannot be ruled out, at this stage. 11. Further, this Court also finds merit in the arguments advanced by learned counsel for the applicant that after ignoring the statement of the eye witness and injured witness merely on the basis of fact that nitrite was present on the palm of the applicant, it cannot be said that applicant caused death of his mother. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 9.4.2025. 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-Shivam 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 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 :- 28.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad