Neutral Citation No. - 2025:AHC:76096 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13738 of 2025 Applicant :- Satya Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Sooraj Rai,Vishal Mishra Counsel for Opposite Party :- G.A.,Sanjeev Kumar Singh,Saurabh Shukla Hon'ble Sameer Jain,J. 1. Heard Sri Vishal Mishra, learned counsel for the applicant; Sri Sanjeev Kumar Singh, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 170 of 2025, under Sections 108, 352, 351(3) BNS, Police Station Badhalganj, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, deceased took some loan from the aplicant and others and when he did not return their loan then they tortured him and due to this reason, he committed suicide but entire allegations levelled against the applicant is totally false. 4. He further submitted that actually applicant only demanded back his money and if due to this reason deceased committed suicide then it cannot be said that due to the abetement of the applicant he committed suicide. 5. He further submitted that during investigation, Investigating Officer also procured some videos of the deceased and in the videos he made allegation that due to the torture of the applicant and co-accused Vikki he is going to commit suicide but even from his video, it could not be reflected that due to the abetement of the applicant, he committed suicide. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 20.3.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the videos of the deceased, it is quite apparent that applicant and co- accused Vikki were responsible for his death as they used to torture the deceased and therefore, applicant is not entitled to be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation due to the torture of the applicant and co- accused, deceased committed suicide as applicant and other accused used to demand back their money and tortured him and in this regard, videos of the deceased are also on record but this Court finds merit in the argument advanced by learned counsel for the applicant that neither from the FIR nor from the video footage of the deceased, it could be reflected that due to the abetement of the applicant, deceased committed suicide. 10. In view of this Court, even if the deceased in the video stated that applicant was responsible for his death then also merely on this basis, it cannot be said that due to the abetement of the applicant, he committed suicide and for the abetment by an accused there must be very cogent evidence on record in this regard. 11. Further, applicant is having no criminal history and in the present matter, applicant is in jail since 20.3.2025. 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-Satya Prakash, 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad