Neutral Citation No. - 2025:AHC:80274 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15286 of 2025 Applicant :- Shivam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Kushwaha Counsel for Opposite Party :- G.A.,Pusp Raj Singh Hon'ble Sameer Jain,J. 1. Heard Sri N.K. Tiwari, Advocate holding brief of Sri Chandra Prakash Kushwaha, learned counsel for the applicants; Sri Pusp Raj Singh, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 30 of 2025, under Sections 108, 352, 115(2), 351(3) of BNS, Police Station Jaspura, District Banda, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that however, as per allegation due to the abetment of the applicants, deceased committed suicide but there is no cogent evidence of abetment against the applicants on record. 5. He further submitted that however there is also an audio recording of the deceased in which, he also blamed the applicants for his suicide but even from his recording which has been annexed at page 60 of the paper book, it could not be reflected that due to the abatement of the applicants, deceased committed suicide. 8. He further submitted that applicants are having no criminal history and they are in jail in the present matter since 26.2.2025. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicants and others badly tortured the deceased due to which he committed suicide and this fact is even evident from the audio recording of the deceased and therefore, applicants should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to the assault made by applicants and others deceased under depression committed suicide and there is also audio recording of the deceased on record in which he also made allegation against the applicants for his suicide but considering the entire material available on record including the audio recording of the deceased this Court finds merit in the argument advanced by learned counsel for the applicants that prima facie, at this stage even from his call recording, it cannot be said that due to the abetement of the applicant, deceased committed suicide. Further, applicants are having no criminal history and they are in jail in the present matter since 25.2.2025. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicants are 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 applicants- Shivam and Shubham, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade their from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants 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 applicants. 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 :- 15.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad