Neutral Citation No. - 2025:AHC:28786 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32769 of 2024 Applicant :- Lakhan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Devendra Singh, learned counsel for the applicant and Shri R. N. Srivastava, learned AGA for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Session Trial No.120 of 2021 arising out of Case Crime No.160 of 2020, under Section 304 IPC, Police Station Asothar, District Fatehpur, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 23.11.2020 against applicant and according to the FIR, on 22.11.2020 at about 8:30 a.m. in the morning applicant badly beaten his mother due to which she sustained injuries and on 23.11.2020 at about 8:00 a.m. in the morning, she died in the hospital. 5. Learned counsel for the applicant submits that however, applicant is son of the deceased but on the basis of false allegation, he has been made accused in the present matter. 6. He further submits that admittedly informant i.e. father of the applicant is not an eye-witness. 7. He further submits that from the record, it reflects daughter of the deceased i.e. sister of the applicant, Anarkali was the eye- witness but during trial, she did not support the prosecution case and has been declared hostile. He further submits, even informant of the case also during trial did not support the prosecution case. He further submits, statements of the witnesses recorded before the trial court have been annexed alongwith the instant bail application. 8. He further submits that however, apart from the present case applicant is having criminal history of one another case but that case relates to Excise Act and his criminal history has been explained in the supplementary affidavit. 9. He further submits that applicant is in jail in the present matter since 24.11.2020 i.e. for last more than four years. 10. 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. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, as per allegation, applicant caused injuries to his mother due to which she died and incident was also witnessed by the sister of the applicant but it reflects, during trial, she did not support the prosecution case and has been declared hostile. 13. Further, however, apart from the present case applicant is having criminal history of one another case but that case relates to Excise Act and his criminal history has been explained in the supplementary affidavit. 14. Further, applicant is in jail in the present matter since 24.11.2020 i.e. for last more than four years. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is 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 applicant- Lakhan 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. 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 applicant. 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 :- 28.2.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad