Neutral Citation No. - 2025:AHC:1425 Court No. - 68 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12320 of 2024 Applicant :- Pramod Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard V, K. Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. This application under Section 482 B.N.S. has been filed seeking anticipatory bail of the applicant, Pramod Kumar Dubey in Case Crime No. 139 of 2024, under Sections 108 of the B.N.S.Police Station Aurai, District Bhadohi. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He submits that the the applicant is the husband of the sister of the wife of the deceased. According to the FIR, the deceased committed suicide on 03.07.2024 and before committing suicide the deceased made a video in which he had fixed responsibilities of his suicide on six persons as named in the FIR. He submits that at the time of suicide of the deceased, the applicant was at Tamilnadu and he had no connection with the aforesaid crime. From the FIR itself it is not reflected that due to abatement of the applicant the deceased has committed suicide. The necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal arising out of Criminal Appeal No. 2091 of 2009 decided on 11.11.2009. He further submits that he applicants have no criminal antecedents as such the applicants are entitled for anticipatory bail till the end of trial. It is further submitted that on the similar footing the co-accused, Vipin Tiwari and Smt. Madhu Tiwari, have been granted anticipatory bail by this Court vide order dated 09.12.2024 passed in Criminal Misc. Anticipatory Bail Application No. 11258 of 2024, therefore, applicant is also entitled to be released on bail. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the trial. In the event of arrest, the applicant, Pramod Kumar Dubey, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any 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; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. The application stands disposed of. Order Date :- 3.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad