Neutral Citation No. - 2025:AHC:30473 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7452 of 2025 Applicant :- Raju Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Maneesh Kumar Counsel for Opposite Party :- Devesh Kumar Gupta,G.A. Hon'ble Sameer Jain,J. 1. Sri Devesh Kumar Gupta, learned Advocate apprised the Court that yesterday he has filed his power on behalf of the informant in the Registry of this Court, therefore, his name is not shown in the cause list. However, he submits, he is ready to argue the case. 2. Heard Sri Maneesh Kumar, learned counsel for the applicant, Sri Devesh Kumar Gupta, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 137 of 2024, under Sections 306 IPC, Police Station Baberu, District Banda during pendency of the trial. 4. Learned counsel for the applicant submits, applicant has been made accused in the present matter on the ground that he was having illicit relationship with the wife of the deceased, therefore, he committed suicide but entire allegation leveled against the applicant is totally false. 5. He further submits, even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 6. He further submits, admittedly deceased died on 23.05.2024 but FIR of the present case was lodged on 20.08.2024 i.e. after three months through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved on 21.06.2024 i.e. after one month, therefore, there is inordinate delay in lodging the FIR of the present case and this fact clearly suggests that FIR is based on false facts. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.10.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, from the record, it reflects, initially FIR was lodged under Section 302 IPC against six persons (non applicant) but during investigation when it was revealed that actually it was a case of suicide and deceased died due to the reason that his wife was having illicit relationship with the applicant then case was converted under Section 306 IPC and applicant has been made accused in the present matter. 11. Considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant, cannot be ruled out. 12. Further, record also suggests that FIR was lodged after three months through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved after one month, therefore, there is inordinate delay in lodging the FIR of the present case. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.10.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Raju Yadav 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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 applicant shall not indulge in any criminal and anti-social activity. 17. 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 applicant. 18. 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 :- 4.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad