Neutral Citation No. - 2025:AHC:65770 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4148 of 2025 Applicant :- Cheeku @ Munendra Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Today, power of Sri Saurabh Kumar, learned Advocate, on behalf of informant has been filed, which is taken on record. 2. Heard Sri Shailendra Kumar Singh, learned counsel for the applicant, Sri V.P. Singh Kashyap, learned Advocate holding brief of Sri Saurabh Kumar, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 332 of 2024, under Section 108 BNS, Police Station- Binawar, District- Budaun, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged against four persons (non applicant) under Section 103(1) BNS with regard to murder of daughter of the informant but during investigation, when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 5. He further submitted that during investigation, as per prosecution, it was revealed that deceased was having love affair with the applicant and as her marriage was settled with some other person and applicant disclosed the fact of his affair to her fiance, therefore, she committed suicide but entire allegation made against the applicant is totally false. 6. He further submitted that even if allegations are accepted then also it cannot be said that due to abatement of applicant, deceased committed suicide. He further submitted that admittedly deceased was major lady. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 14.11.2024. 8. er contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that actually applicant was having love affair with the deceased but he disclosed the fact of his love affair to the fiance of the deceased and thereafter she committed suicide, therefore, it cannot be said that there is no evidence of abatement against the applicant, therefore, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It reflects, applicant was lover of the deceased and as per allegation, when marriage of the deceased was settled with some other person then he disclosed this fact to her fiance and therefore, she committed suicide. 11. Considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that even if allegations are accepted then also it cannot be said that due to abatement of applicant, deceased committed suicide, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 14.11.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Cheeku @ Munendra 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. 16. 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. 17. 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 :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad