Neutral Citation No. - 2025:AHC:18972 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46470 of 2024 Applicant :- Sanjay Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Abhishek Srivastava, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 426 of 2024, under Sections 108 BNS, Police Station Shivpur, District Varanasi, during pendency of the trial in the court below. 4. FIR of the present case was lodged against the applicant and others under sections 103(2) and 238 BNS on the basis of suspicion with regard to the murder of the younger brother of the informant. 5. Learned counsel for the applicant submitted that initially, however, FIR of the present case was lodged under section 103 BNS but during investigation, when it was revealed that actually deceased committed suicide then case was converted under section 108 BNS. 6. He further submitted that however, as per allegation applicant blamed the deceased that he provided help to other person for enticement of a girl and due to this reason deceased committed suicide but entire allegation levelled against the applicant is totally false and applicant never blamed the deceased for enticement of any girl. He further submitted that even if these allegations are accepted then also it cannot be said that due to the abetement of the applicant deceased committed suicide. 7. He further submitted that from the post mortem however, it reflects that deceased sustained burn injuries but his cause of death could not be ascertained and viscera was preserved but till date, viscera report could not be received. 8. He further submitted that as there is no allegation that applicant administered any poisonous substance to the deceased, therefore, even if in the viscera report, it would be found that deceased died due to consumption of poison then also applicant cannot be held liable for his death. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 2.10.2024. 10. Per contra, learned AGA 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 the parties and perused the record of the case. 12. From the perusal of the record, it reflects that initially FIR of the present case was lodged under section 103 BNS against applicant and others on the basis of suspicion but during investigation when it was found that actually deceased committed suicide then case was converted under section 108 BNS but this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetement against the applicant. 13. Further, from the perusal of the post mortem report it reflects, cause of death of the deceased could not be ascertained and his viscera was preserved but till date viscera is not on record. As there is no allegation against the applicant that applicant administered any poisonous substance to the deceased, therefore, this Court also finds merit in the argument advanced by learned counsel for the applicant that even if in the viscera report, it would be found that deceased died due to consumption of poison then also applicant cannot be held liable. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 2.10.2024. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Sanjay Gaud, 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 :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad