Neutral Citation No. - 2025:AHC:78737 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12400 of 2025 Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Deepankar Shukla, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 27 of 2025, under Section 108 BNS, Police Station Ajitmal, District Auraiya, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith two others and as per allegation made in the FIR due to the abetement of the applicant husband of the informant committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submitted that even from the FIR it reflects that it is based on vague facts. 5. He further submitted that however when the statement of the informant was recorded during investigation then she stated that as earlier one case was lodged by the deceased against the son of the co-accused Ram Adhar and applicant and others were pressurizing him to comprise the matter, therefore, he committed suicide but even statement of the informant is based on false facts. 6. He further submitted that except bald and verbal allegation of abetement, there is no cogent evidence of abetement against the applicant on record. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 18.1.2025. 8. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of one another case but he fairly conceded that case, relates to minor offence. 9. Learned AGA, however, could not dispute the other arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to the abetement of the applicant and two others deceased committed suicide but FIR of the present case, appears to be based on vague facts. 12. Further, however, in the statement recorded during investigation informant tried to provide details of dispute arose between applicant side and deceased but even considering her statement at this stage, prima facie, it cannot be said that due to the abetement of the applicant, deceased committed suicide. 13. Further, however, apart from the present case applicant is having criminal history of one another case and he did not explain his criminal antecendent in the instant bail application but it appears that said case, relates to minor offence. 14. Further, in the present matter, applicant is in jail since 18.1.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Rajkumar, 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. 18. 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. 19. 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 :- 14.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad