Neutral Citation No. - 2025:AHC:77371 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13819 of 2025 Applicant :- Ajay Singh Rathaur Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Satish Kumar Yadav Hon'ble Sameer Jain,J. 1. None appeared on behalf of informant even in revised call. 2. Supplementary affidavit filed by applicant is taken on record. 3. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State- respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 35 of 2025, under Sections 108, 304(2), 352 BNS Police Station- Kurawali, District- Mainpuri, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that however, initially FIR of the present case was lodged under Section 103 BNS and other Sections but during investigation, when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 6. He further submitted that except the bald and verbal allegation of abatement, there is no cogent evidence of abatement against the applicant. 7. He further submitted that even if applicant demanded back his money from the deceased and due to this reason, deceased committed suicide then also it cannot be said that due to abatement of the applicant deceased committed suicide. 8. He further submitted that however, apart form the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and all the cases relate to Excise Act and he is in jail in the present matter since 04.02.2025. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, due to abatement of the applicant deceased committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record. 12. Further, however, apart form the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and all the cases relate to Excise Act and he is in jail in the present matter since 04.02.2025. 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- Ajay Singh Rathaur 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 :- 12.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad