Neutral Citation No. - 2025:AHC:20003 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1492 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Srivastava,Ritvik Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Srivastava, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2024, under Section 108 BNS, Police Station- Basauni, District- Agra, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 05.09.2024 against applicant and others under Sections 85 and 103(1) BNS and according to FIR, applicant, who was nephew of the husband of sister of the informant tortured her along with his other family members and committed her murder along with them. 4. Learned counsel for the applicant submitted that deceased was aunt of the applicant and applicant is nephew of her husband and only on the basis of false allegation, he has been made accused in the present matter. 5. He further submitted that being nephew of husband of the deceased, applicant was not having any concern with family affairs of the deceased. 6. He further submitted that initially FIR of the present case was lodged under Sections 103(1) but during investigation when it was found that deceased actually committed suicide then case was converted under Section 108 BNS and there is no cogent evidence of abatement against the applicant on record. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 27.09.2024. 8. Per contra, learned AGA however, 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. From the record, it reflects that initially FIR of the present case was lodged under Section 103(1) BNS but during investigation when it was found that deceased actually committed suicide then case was converted under Section 108 BNS. 11. Further, applicant is the nephew of the husband of the deceased and it appears that even there is no cogent evidence of abatement against him on record. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 27.09.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Rahul 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. 16. 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. 17. 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 :- 11.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad