Neutral Citation No. - 2025:AHC:84387 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13369 of 2025 Applicant :- Amit Yadav Alias Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- Anil Kumar Pandey,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Munna Tiwari, learned counsel for the applicant, Sri Vijay Kumar Mishra, learned Advocate holding brief of Sri Anil Kumar Pandey, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 117 of 2024, under Section 306 IPC, Police Station Geeda, District Gorakhpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is however named in the FIR and as per FIR due to the money dispute he along with others by administering poison committed the murder of the deceased but during investigation when it was found that actually deceased committed suicide then case was converted under Section 306 IPC. 4. He further submits, as per prosecution, applicant purchased a land from the deceased and in spite of repeated demand he did not give money to him, therefore, deceased committed suicide. 5. 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 the applicant deceased committed suicide. 6. He further submits, apart from the present case applicant is having criminal history of seven cases including the case under Section 302 IPC but his entire criminal history has been explained in the instant bail application and in all the cases he is on bail. 7. He further submits, law is settled that if otherwise case of bail is made out then merely on the basis of criminal antecedents bail application of an accused should not be withheld. 8. He further submits, in the present matter applicant is in jail since 25.03.2025. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, however, FIR of the present case was lodged under Section 302 IPC against applicant and others but subsequently case was converted under Section 306 IPC and there is cogent evidence against the applicant on record and applicant is having criminal history of seven other cases including a case under Section 302 IPC, therefore, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects, initially FIR of the present case was lodged under Section 302 IPC against applicant and others but when during investigation it was found that actually deceased committed suicide then case was converted under Section 306 IPC. 12. Further, however, as per prosecution as applicant purchased a land from the deceased and he was not giving money to the deceased, therefore, he committed suicide but considering the nature of allegation leveled against the applicant this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie at this stage, it cannot be said that due to the abetment of the applicant deceased committed suicide. 13. Further, however, apart from the present case applicant is having criminal history of seven other cases but his criminal history has been explained in the instant bail application and it reflects, in all the cases including a case of murder he is on bail. 14. Further, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history bail application of accused should not be withheld. 15. Further, law is also settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 16. Further, in the present matter applicant is in jail since 25.03.2025. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant -Amit Yadav @ Amit Kumar 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. 20. 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. 21. 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 :- 20.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad