Neutral Citation No. - 2025:AHC:77407 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13867 of 2025 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Sarvind Kumar Pandey,Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Sarvind Kumar Pandey, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 123 of 2023, under Sections 323, 504, 506, 306 IPC, Police Station- Majhola, District- Moradabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR but FIR was lodged after nine months. 5. He further submitted that however, there is suicide note of the deceased on record, in which, he stated that applicant and two others were having illicit relationship with his wife, therefore, he committed suicide but entire allegation levelled against the applicant is totally false. He further submitted that even if allegations are accepted then also it cannot be said that due to abatement of the applicant, deceased committed suicide. 6. He further submitted that however, earlier also applicant was made accused in two other cases but in both the cases final report has been submitted. 7. He further submitted that applicant is in jail in the present matter since 17.12.2024 i.e. for last almost five months. 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. However, as per allegation, due to abatement of the applicant and others deceased committed suicide but it appears, FIR of the present case was lodged after nine months. 11. Further, however, there is suicide note of the deceased on record, in which, he stated that his wife was having illicit relationship with the applicant and two others, therefore, he committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that even if due to above reason, deceased committed suicide then also it cannot be said that due to abatement of the applicant and others, he committed suicide. 12. Further, however, earlier also applicant was made accused in two other cases but in both the cases final report has been submitted. 13. Further, applicant is in jail in the present matter since 17.12.2024 i.e. for last almost five months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Sanjay 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. 17. 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. 18. 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 :- 12.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad