Neutral Citation No. - 2025:AHC-LKO:36703 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5747 of 2025 Applicant :- Harnam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Pandey,Akhil Anand Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard Shri Akhil Anand, Advocate holding brief of Shri Sushil Pandey, learned counsel for the applicant, Shri Devesh Kumar, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.530 of 2024 under Section 108 of B.N.S. registered at Police Station- Laharpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.12.2024 against the applicant and his brother Harnam stating that the informant had lent some money to his brother Dharmendra. Dharmendra in turn had gave the money to his wife's family members. Dharmendra had repetitively asked refund of his amount of Rs.70,000/- but the accused persons did not return the money. Due to this reason, the informant's brother Dharmendra committed suicide by hanging in the house of her wife in the night of 18/19.12.2024. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and he has been falsely implicated in the present case. 5. The postmortem examination report mentions a ligature mark on the neck of the dead body with a gap of 6.5 cm and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. In the statement of the informant as well as the statement of the wife of the deceased, both of them reiterated the FIR version and both of them stated that the deceased committed suicide as the applicant and his brother of co-accused Harnam were not returning the money taken from the deceased. The applicant's mother had also gave a similar statement 7. Identically situated co-accused, Rohit has already been granted bail by a coordinate Bench of this Court vide order dated 22.04.2025 passed in Criminal Misc. Bail Application No.3399 of 2025 and he is seeking the same relief. 8. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 03.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that neither the FIR nor any of the statements recorded by the Investigating Officer merely this much has been stated that the applicant and his brother were not repaying the money taken from the deceased due to which he has committed suicide and there is no allegation that the accused persons have abated the deceased to commit suicide and that the applicant is a young man having no criminal history and he is languishing in jail since 23.12.2024 whereas the investigation already stands concluded and identically situated co-accused, Rohit has already been granted bail by a coordinate Bench of this Court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. 11. Let the applicant, Harnam involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C.; and (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. 12. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 13. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh, J.] Order Date :- 27.6.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench