Neutral Citation No. - 2025:AHC:35427 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8556 of 2025 Applicant :- Sueb Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar Kushwaha, learned counsel for the applicant and Sri Santosh Pandey, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 362 of 2024, under Sections 108, 115(2), 352 B.N.S., Police Station Kandhala, District Shamli during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against co-accused Munazara and her two sons and according to the FIR due to their assault son of the informant committed suicide but during investigation applicant has been made accused in the present matter through the statement of the informant recorded during investigation when he stated that actually in the incident along with co-accused Munazara her sons were not involved rather applicant and one another who were her neighbors were involved in the matter. 4. He further submits, however, entire allegation leveled against the applicant is totally false but even if the allegations are accepted then also it cannot be said that due to the abetment of applicant deceased committed suicide. 5. He further submits, co-accused Munazara who was named in the FIR has been released on bail by this Court and her bail order has been annexed at page-59 of the paper-book and except the fact that she was female case of applicant is on better footing than her. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the abetment of the applicant and two others including co-accused Munazara son of the informant committed suicide but it reflects, applicant was not named in the FIR and during investigation he has been made accused in the present matter. 10. Further, after considering facts of the case, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record. Further, co-accused Munazara, who was named in the FIR has been released on bail. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.01.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Sueb 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. 15. 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. 16. 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 :- 11.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad