Neutral Citation No. - 2025:AHC:2763 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41700 of 2024 Applicant :- Rajkumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri K.D. Tiwari, learned counsel for the applicants and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 0242 of 2024, under Section 108 B.N.S., Police Station Mainather, District Moradabad during pendency of the trial. 3. FIR of the present case was lodged on 19.07.2024 against applicants and others and according to the FIR applicant no.1 is father-in-law and applicant no.2 is brother-in-law of the deceased and deceased died on 16.07.2024. It is further mentioned in the FIR that informant is having doubt that applicants and their family members after administering some poisonous substance committed the murder of the deceased. 4. Learned counsel for the applicants submitted that initially FIR of the present case was lodged under Sections 123, 103(1) B.N.S. but during investigation when it was found that actually deceased committed suicide then case was converted under Section 108 B.N.S. 5. He further submits, applicants are father-in-law and brother-in- law of the deceased and there is no cogent evidence of abatement against them on record. 6. He further submits, actually deceased used to consume liquor and due to his bad habit applicants and their family members always scolded him and if due to this reason deceased committed suicide by consuming some poisonous substance then it cannot be said that due to abatement of the applicants, deceased committed suicide. 7. He further submits, however, during post mortem cause of death of the deceased could not be ascertained and viscera was preserved and now viscera report is on record, which has been annexed along with instant bail application and from its perusal it reflects that deceased died due to consumption of insecticide. 8. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 08.08.2024 i.e. for last more than five months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant no.1 and applicant no.2 are father-in-law and brother-in-law of the deceased and as per allegation due to their abatement deceased committed suicide by consuming insecticide but from the record it reflects, except the bald and verbal allegation of abatement, there is no cogent evidence on record against the applicants in this regard. 12. Record further suggests that deceased used to consume liquor, therefore, considering this fact, the argument advanced by learned counsel for the applicants in this regard cannot be ruled out at this stage. 13. Further, applicants are not having any criminal history and in the present matter they are in jail since 08.08.2024 i.e. for last more than five months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Rajkumar and Dharmendra 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 is 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. 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 applicants. 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 :- 7.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad