Neutral Citation No. - 2025:AHC:36402 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8713 of 2025 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh,Syed Wajid Ali Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Santosh Kumar 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. 48 of 2024, under Sections 306, 506 IPC, Police Station Bhojipura, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is brother of the wife of the deceased and as per allegation due to the torture of the applicant and his family members deceased committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, even except the bald and verbal allegation there is no cogent evidence of abetment against the applicant on record. 5. He further submits, deceased died after consuming poisonous substance on 31.08.2023 but FIR of the present case was lodged on 24.01.2024 i.e. after more than four months through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved on 06.10.2023 i.e. after more than a month and this inordinate delay in lodging the FIR itself suggests that entire allegation leveled against the applicant and other accused persons are totally false. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.01.2025. 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 deceased was the brother-in-law of the applicant and due to the torture of the applicant and his family members he committed suicide by consuming poisonous substance but it reflects, only vague and general allegation have been leveled against the applicant and other accused with regard to torture and considering this fact, 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. 10. 10. Further, even FIR was lodged after four months through an application under Section 156(3) Cr.P.C. and even application 156(3) Cr.P.C. was moved after more than a month from the date of death of the deceased. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.01.2025. 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 - Mukesh 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 :- 12.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad