HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 964 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed by the applicants apprehending his arrest in F.I.R./Case Crime No.213 of 2023, under Section 306 IPC, Police Station- Kheri, District- Lakhimpur Kheri. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. In the prosecution case, it is alleged that on 08.05.2023, due to a trivial dispute, the deceased entered into a verbal altercation with the accused persons, during which he sustained some minor injuries. Feeling aggrieved by the said free fight, he thereafter committed suicide. 4. Learned counsel for the applicants submits that co-accused Videsh, who was attributed a similar role, has already been granted anticipatory bail by a Coordinate Bench of this Court vide order annexed as Annexure No. 12 to the bail application. It is further submitted that the applicants had earlier filed Criminal Misc. Bail Application No. 5521 of 2023, Kuldeep and another vs. State of U.P., wherein an interim protection order dated 28.07.2023 was granted by this Court. However, upon filing of the charge sheet, the said petition stood disposed of, and hence the present anticipatory bail application has been filed. 5. It is also urged that the liberty of the applicants were protected during the Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Kuldeep Sharma And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And Another .....Opposite Party(s) course of investigation and he has fully cooperated with the investigating agency. Even if the prosecution case is accepted at its face value, there is no specific overt act on the part of the applicant s suggesting instigation or abetment of the deceased to commit suicide. Thus, the essential ingredients of Section 306 IPC are, prima facie, not made out. 6. Learned A.G.A. has opposed the anticipatory bail application. 7. On due consideration to the bail order of co-accused Videsh, role of the applicants; earlier order of interim protection; absence of prima facie ingredients of Section 306 IPC and so also the fact that charge sheet has been filed; he has cooperated in the investigation and the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicants are entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116 , subject to his cooperation in the investigation. 8. In view of the above, the accused-applicants Kuldeep Sharma and Harish Kumar are directed to surrender before the trial court within a period of twenty days from today. Upon their surrender, the trial court shall release them on anticipatory bail, subject to his furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicants; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. ABAIL No. 964 of 2025 2 9. ABAIL No. 964 of 2025 2 9. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. In view of the aforesaid, the application is allowed. September 4, 2025 R.C. ABAIL No. 964 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench