HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9038 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 325 of 2025, under Sections 108 and 352 BNS, P.S. Khairighatt, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 25.6.2025 an unidentified body was found in Saryu River. Subsequently it was revealed that the deceased had gone to the home of one Chinku and subsequently on being chased the deceased ran with sleeper in his hand towards the river. Thereafter as he was being chased he jumped in Saryu river and died. The applicant is being prosecuted for offence under Section 108 BNS. Considering the the nature of allegations the same cannot be said to be abetment as defined under BNS Act. 4. Learned AGA has opposed the bail application. 5. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387, however, without commenting upon the merits of the case, the applicant who is in jail since 17.7.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Israr be released on bail in aforesaid FIR number on Versus Counsel for Applicant(s) : Rahul Srivastava Counsel for Opposite Party(s) : G.A. Israr .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 27, 2025 J. K. Dinkar BAIL No. 9038 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench