HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9348 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 a sum of Rs. 1100/-, belonging to the wife of Ramrajya, was stolen. On account of these allegations levelled against the informant's wife, namely Kusum Devi, and due to the humiliation and threats extended by the accused persons, she committed suicide on 17.06.2025 in the evening. 3. Learned counsel for the applicants contends that the cause of death has been opined as asphyxia resulting from antemortem hanging, and except for the ligature mark, no other injury was found on the body of the deceased. 4. It is further submitted that even if the prosecution story is accepted as it is, a mere allegation of theft or harassment may not constitute to abetment. For abetment, there must be continuous course of conduct of instigation attributable to the applicant. The essential ingredients required to invoke Section 108 BNS are absent in the present case. 5. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kirti Veer Singh, Ravi Shanker Singh Counsel for Opposite Party(s) : G.A. Sanjeev Kumar And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another .....Opposite Party(s) 6. On the contrary, learned AGA submits that the brother of the informant as well as independent witnesses have supported the prosecution version. 7. On due consideration to the fact that the charge sheet has been filed, prima facie the ingredients of Section 108 BNS appear to be lacking, and also taking into account that the applicants are in custody since 26.06.2025 with no previous criminal antecedents, the bail order of Kanchan passed in Bail No.8665 of 2025 (Annexure No.13 to the bail application), I am of the view that the present case is fit for granting bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicants Sanjeev Kumar and Rohit Kumar, involved in Crime No.158/2025, U/S: - 108 B.N.S., 2023, Police Station: Kunda, District: Pratapgarh, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that she 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 applicants shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. BAIL No. 9348 of 2025 2 (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their 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 them in accordance with law under Section 174-A IPC (now Section 209 of BNS). 10. 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 25, 2025 kkb/ BAIL No. 9348 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench