Neutral Citation No. - 2025:AHC:60006 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4350 of 2025 Applicant :- Yogesh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Sahu,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.,Jai Kushwaha,Neha Rani,Satyvendra Singh Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Kumar Sahu, learned counsel for the applicant, Sri Pawan Kumar Yadav, learned Advocate holding brief of Sri Satyvendra Singh Yadav, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0278 of 2024, under Section 108 B.N.S., Police Station Zarif Nagar, District Budaun during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR and initially FIR was lodged under Section 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. He further submits, except the bald and verbal allegation there is no cogent evidence against the applicant on record. 4. He further submits, actually deceased developed illicit relationship with the wife of the applicant and due to this reason police intervened in the matter and this fact is even evident from the FIR and as relationship of the deceased with the wife of the applicant has been disclosed, therefore, deceased committed suicide and after his death after six days FIR of the present case was lodged on the basis of false allegation. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Initially FIR of the present case was lodged against the applicant and three others under Section 103(1) B.N.S. with regard to murder of nephew of the informant but during investigation when it was found that actually deceased committed suicide then case was converted under Section 108 B.N.S. Considering the entire material available on record this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence against the applicant with regard to abetment. 9. Further, considering the fact that even as per prosecution wife of the applicant was having affair with the deceased, the argument advanced by learned counsel for the applicant with regard to alleged suicide committed by the deceased also cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 09.11.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Yogesh Gupta 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. 14. 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. 15. 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 :- 22.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad