Neutral Citation No. - 2025:AHC:39667 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2965 of 2025 Applicant :- Abrar Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Virendra Singh Tomar, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 52 of 2024, under Section 108 BNS, Police Station- Khalapar, District- Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with two others. 4. He further submitted that initially FIR of the present case was lodged under Section 103(1) BNS but during investigation when it was revealed that actually deceased committed suicide then case was converted under Section 108 BNS. He further submitted that absolutely there is no evidence of abatement against the applicant and it appears, merely on the basis of suspicion, he has been made accused in the present matter. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 22.11.2024. 6. Per contra, learned AGA however, 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. However, applicant is specifically named in the FIR and FIR of the present case was lodged under Section 103 BNS but subsequently during investigation, when it was revealed that actually deceased committed suicide by consuming some poisonous substance then case was converted under Section 108 BNS. 9. Considering entire material available on record, the argument advanced by learned counsel for the applicant that there is no evidence of abatement against the applicant, cannot be completely ruled out at this stage. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 22.11.2024. 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- Abrar 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 :- 19.3.2025/KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad