HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8059 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary Affidavit filed in court is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and Sri Rajesh Kumar who appears for the informant. 3. The accused-applicant seeks bail in FIR/Case Crime No.123 of 2025 under sections 108 and 61(2)BNS, P.S. Rajesultanpur, District Ambedkar Nagar. 4. In terms of the FIR, it was alleged that the daughter of the informant Ragini was married to one Ankit Dubey whose sister Soni was married to one Santosh Upadhyaya. It was alleged that Soni was having illicit relations with Ajay Kumar Pandey because of which the co-accused were having enmity with Soni and Ajay Kumar Pandey, the son of the informant. It is stated that subsequently, a voice message was sent by Ajay Kumar Pandey that Ankit and Santosh had caught him and apprehends that they had killed him. Subsequently his body was found. Initially, the FIR was lodged under section 103 BNS. As the cause of death, as per the postmortem report, was ascertained as ante-mortem hanging, the charge was converted to section 108 BNS. 5. Considering the fact that allegation levelled against the applicants in the FIR, would not constitute abetment as defined under the BNS, thus, considering the law as explained in the case of Mariano Anto Bruno and Versus Counsel for Applicant(s) : Girish Kumar Pandey, Peeyush Shukla Counsel for Opposite Party(s) : G.A., Chandrika Rani Upadhyay, Rajesh Kumar, Tripuresh Mishra Ankit Dubey And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant is entitled for the bail. Thus the bail application is allowed. 6. Let the applicants Ankit Dubey and Santosh Upadhyay, be released on bail in aforesaid FIR/Case Crime Number subject to their furnishing personal bonds and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 4, 2025 VNP/- BAIL No. 8059 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench