HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8609 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that about a year ago, a buffalo belonging to Ranjeet alias Chotu (deceased) was stolen. In this connection, constable Shesh Kumar, who was posted at the outpost, developed illicit relations with the wife of the deceased. The deceased caught his wife along with the said constable on the spot. When he reported the incident at the Thana, the constable posted there turned him away. Aggrieved and distressed by this, he committed suicide. Before committing suicide, he inscribed the name of the said constable with his finger on an iron shutter, stating that the constable would be responsible for his death. 3. Learned counsel for the applicant submits that the essential ingredients of Section 108 BNS are lacking. There is no material available with the prosecution to implicate the applicant. The alleged suicide note is yet to be tested in trial. No reason has been assigned as to how the applicant is responsible for the death of the deceased. It is a simple case of hanging. The postmortem report records the cause of death as asphyxia due to antemortem hanging. No other corroborative material has come forth in the prosecution case. The applicant is a government servant, has no criminal antecedents, and is in custody since 27.07.2025. 4. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Rajat Singh, Jaskaran Lal Maurya Counsel for Opposite Party(s) : G.A. Shesh Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail prayer but has not disputed the fact that even the wife of the deceased has not made any allegation. 6. On due consideration of the fact that the applicant has no criminal antecedents, is a government servant, and prima facie the ingredients of the offence under Section 108 BNS are absent, coupled with the fact that the applicant is in custody since 27.07.2025, I find it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Shesh Kumar Yadav involved in Case Crime No.323/2025, Under Section: 108 BNS, Police Station: Tandiyawan, District: Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 or to any police officer or tamper with the evidence. (iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, BAIL No. 8609 of 2025 2 without sufficient cause, the trial court may proceed against him in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 10, 2025 R.C. BAIL No. 8609 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench