Neutral Citation No. - 2025:AHC:19956 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 544 of 2025 Applicant :- Bharat Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Sri Rajesh Kumar Verma, learned counsel for the applicant submits that due to mistake in the memo of the bail application the name of the applicant has been mentioned as 'Bharat' in place of 'Bharat Singh' and in this regard he has filed supplementary affidavit dated 7.1.2025 and, therefore, he may be permitted to make necessary correction in the memo of the bail application. 3. Learned AGA as well as learned counsel for the informant are having no objection. 4. In view of the above, learned counsel for the applicant is permitted to make necessary correction in the name of the applicant in the memo of the bail application during the course of the day. 5. Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA, for the State. 6. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.32 of 2024, under Section 306 IPC, Police Station Ushait, District Budaun during pendency of the trial. 7. FIR of the present case was lodged on 7.2.2024 against the applicant and others under Sections 304, 328 and 120B IPC and according to the FIR, brother-in-law of the son of the informant (husband of his sister-in-law) developed illicit relationship with his wife and due to this reason he was having enmity with his son and on 12.11.2023 applicant, the son of the brother-in-law of the son of the informant has taken him to market but he did not return and subsequently informant found him in fainted state and he was taken to Hospital but he died. 8. Learned counsel for the applicant submits that deceased died on 12.11.2023 but FIR of the present case was lodged on 7.2.2024 through an application moved under Section 156(3) Cr.P.C. dated 12.12.2023 and therefore, there is inordinate delay in lodging the FIR. 9. He further submits that initially FIR of the present case was lodged under Sections, 304, 328 and 120-B IPC but subsequently when it was revealed that actually deceased committed suicide then case was converted under Section 306 IPC . 10. He further submits that applicant is the son of the brother-in- law of the deceased and there is no evidence of abetment against him on record. 11. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 11.10.2024. 12. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, FIR of the present case was lodged under Sections 304, 328 and 120-B IPC but during investigation when it was revealed that deceased actually committed suicide then case was converted under Section 306 IPC and however, as per prosecution due to abetment of applilcant and other accused persons deceased committed suicide but there is no cogent evidence of abetment against the applicant on record. 15. Further, as per prosecution deceased died on 12.11.2023 but FIR of the present case was lodged on 7.2.2024 through an application under Section 156(3) Cr.P.C.and even application under Section 156(3) Cr.P.C. was moved on 12.12.2023, therefore, there is inordinate delay in lodging the FIR of the present case. 16. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 11.10.2024 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Bharat 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. 20. 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. 21. 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