Neutral Citation No. - 2025:AHC:74134 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12293 of 2025 Applicant :- Dhanpal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Sharma,Atul Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Sharma, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 96 of 2024, under Sections 74/108 B.N.S., Police Station Daunki, District Agra during pendency of the trial. 3. Learned counsel for the applicant submits, initially FIR of the present case was lodged against applicant and two others under Section 74 B.N.S. but when the dead body of the deceased was recovered then case was converted under Section 108 B.N.S. 4. He further submits, however, as per allegation due to the abetment of the applicant and others including co-accused Anshu @ Aakash deceased committed suicide but after considering the entire facts of the case, co-accused Anshu @ Aakash has been released on bail by this Court vide order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 36128 of 2024 and on facts case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 31.07.2024 i.e. for last more than nine months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Anshu @ Aakash has been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 31.07.2024 i.e. for last more than nine months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Dhanpal 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. 11. 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. 12. 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 :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad