Neutral Citation No. - 2025:AHC:19857 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 493 of 2025 Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Kumar Mishra,Pradhumn Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri P.K.Pandey, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.745 of 2023, under Section 306 IPC, Police Station Campierganj, District Gorakhpur during pendency of the trial. 3. FIR of the present case was lodged on 7.11.2023 against the applicant and others through an application moved under Section 156(3) Cr.P.C. dated 13.3.2023 and according to the FIR, on 16.1.2023 when son of the informant had gone at the paternal home of his wife then he witnessed her along with some other person in objectionable condition and thereafter applicant, who is brother-in-law of the wife of the deceased along with others badly beaten him and administered some poisonous substances in his food and on 19.12.2023 he died. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under Sections 302 and 120B IPC but during investigation when it was found that actually deceased committed suicide then case was converted under Section 306 IPC. 5. He further submits that applicant is the brother-in-law of the wife of the deceased and there is absolutely no evidence of abetment against him. 6. He further submits that even FIR of the present case was lodged after about ten months through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved after about two months and this fact clearly suggests that FIR is based on false and frivolous facts. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 12.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 abetment of the applicant, who was brother-in-law of the wife of the deceased, deceased committed suicide but it appears that there is no cogent evidence of abetment against the applicant on record. 11. Further, FIR of the present case was lodged through an application under Section 156(3) Cr.P.C. after about ten months and even application under Section 156(3) Cr.P.C. was moved after about two months, therefore, there is inordinate delay in lodging the FIR of the present case. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 12.11.2024. 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-Babloo 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 :- 11.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad