Neutral Citation No. - 2025:AHC:71628 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5218 of 2025 Applicant :- Rajkishore Alias Rajkishore Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harishchandra Verma,Ram Mohan Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Harishchandra Dubey, learned counsel for the applicants, Sri Kunwar Tejendra Bahadur, learned A.G.A. for the State-respondent and Sri Sanjay Kumar Yadav, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.0526 of 2024, under Sections 191(2), 108, 115(2) B.N.S., Police Station Kishni, District Mainpuri, during pendency of the trial. 3. Learned counsel for the applicants submits that applicants are the brothers of the deceased and however as per allegation, due to abetment of the applicants and other accused, deceased committed suicide by causing firearm injury to himself but entire allegations levelled against the applicants are totally false. 4. He further submits that even if the allegations are accepted then also, at this stage, it cannot be said that due to the abetment of the applicants, deceased committed suicide. 5. He further submits that applicants are having no criminal history and they are in jail in the present matter since 21.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit applicants are the real brothers of the deceased and they alongwith other accused persons were continuously torturing the deceased and they were also trying to dispossess the deceased from the property and therefore, he committed suicide and therefore, applicants should not be released on bail. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, due to the abetment of the applicants and others, deceased committed suicide but after considering the entire material available on record, the argument advanced by learned counsel for the applicants that prima-facie, it could not be reflected that due to the abetment of the applicants and others, deceased committed suicide, cannot be ruled out at this stage. 9. Further, applicants are having no criminal history and they are in jail in the present matter since 21.12.2024. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view applicants are entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants- Rajkishore Alias Rajkishore Sharma and Shyamsundar 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 13. 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 applicants. 14. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad