Neutral Citation No. - 2025:AHC:75120 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15516 of 2025 Applicant :- Vipin Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar,Ayush Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prabha Shanker Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 54 of 2025, under Section 108 BNS, Police Station- Phaphamau, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 103(1) BNS but during investigation, when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 4. He further submitted that however, deceased committed suicide in the room of the applicant but applicant was not having sole possession of the room and he was residing on rent and in that room one Krishna Kumar Patel also resided along with him. 5. He further submitted that from the statement of Krishna Kumar Patel, which has been annexed at page no. 44 of the paper book, it reflects, at the time of incident applicant was not present in the room and according to witness Krishna Kumar, on phone some dispute arose between applicant and deceased and thereafter, deceased committed suicide. He further submitted that if due to dispute arose on phone, deceased committed suicide then applicant cannot be held liable for that. He further submitted that absolutely, there is no evidence of abatement against the applicant on record. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 11.03.2025. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that initially FIR of the present case was lodged against applicant under Section 103(1) BNS but during investigation, when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 10. Further, however, from the record, it also reflects, deceased was found dead in the room of the applicant and Krishna Kumar Patel but from the statement of witness Krishna Kumar Patel, which was recorded during investigation, it reflects, at the time of incident, applicant was not present in the room and according to witness Krishna Kumar, deceased, although, had conversation with him on phone and during conversation some altercation took place and thereafter, she committed suicide in his room by hanging herself. Considering this fact, the argument advanced by learned counsel for the applicant that even if some altercation took place between applicant and deceased on phone and thereafter deceased committed suicide then also it cannot be said that due to abatement of applicant, deceased committed suicide, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 11.03.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is 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 applicant- Vipin Yadav 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. 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 applicant. 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad