Neutral Citation No. - 2025:AHC:92078 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14352 of 2025 Applicant :- Janardan Singh @ Tunna Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishor Mishra,Suneel Thekma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Dinesh Kumar Singh, Advocate filed his power on behalf of the informant which is taken on record. 2. Heard Sri Raj Kishor Mishra, learned counsel for the applicant, Sri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent and Sri Dinesh Kumar Singh, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.335 of 2024, under Sections 108, 191(2), 115(2), 352, 351(2) B.N.S., Police Station Rohaniyan, District Varanasi, during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith others and as per allegation due to the abetment of the applicant and others, deceased committed suicide but entire allegation levelled against him is totally false. 5. He further submits that however, as per allegation, in the account of the deceased Rs.7,00,000/- were received from the account of co-accused Sonam Rai and after that deceased withdrew Rs.5,00,000/- and handed over to the accused persons but inspite of that, applicant and others pressurized him to return the money, which received by him in his account but applicant is having no concern with the alleged money, which was transferred in the account of the deceased. He next submits, even if some money transaction dispute arose between deceased and co-accused Sonam Rai and thereafter, deceased committed suicide then applicant cannot be held liable for his suicide. 6. He further submits that however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and in all the cases, applicant is on bail. 7. He further submits that applicant is in jail in the present matter since 13.12.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that there is a nexus between applicant and co-accused Sonam Rai and others and they used to deposit money in the account of innocent person and thereafter when they returned the money then thereafter they started making demand of their money and therefore, it cannot be said that applicant is innocent but they could not dispute the fact that admittedly the money, which was transferred in the account of the deceased, was transferred from the account of co-accused Sonam Rai. 9. They further could not dispute the fact that alleged cheating was made in the month of July, 2024 and deceased committed suicide in the month of November, 2024 i.e. after four months and earlier deceased did not make any complaint against the applicant and other accused. 10. I have heard both the parties and perused the record of the case. 11. However, as per allegation, due to the abetment of the applicant and others, deceased committed suicide as applicant and other accused persons were pressurizing him to return their money, which he had already returned to them but it reflects, the money, which was transferred in the account of the deceased, was transferred from the account of co-accused Sonam Rai. 12. Further, the alleged cheating was made in the month of July, 2024 but deceased committed suicide in the month of November, 2024 i.e. after four months and earlier he did not make any complaint to any one, either against the applicant or against any other accused persons. 13. Further, however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and in all the cases, applicant is on bail. 14. Further, applicant is in jail in the present matter since 13.12.2024. 15. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be withheld. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Janardan Singh @ Tunna Singh 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. 19. 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. 20. 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 :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad