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Neutral Citation No. - 2025:AHC:82967 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16762 of 2025 Applicant :- Bharat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra,Amit Daga Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Amit Daga, learned counsel for the applicant and Shri Manav Chaurasiya, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.88 of 2025, under Section 108 B.N.S., Police Station Hari Parvat, District Agra, during pendency of the trial in the court below. 3. Learned counsel for applicant submits that however, as per allegation due to the abetment of the applicant, deceased committed suicide and there a suicide not of the deceased also on record but from the suicide not of the deceased, it reflects that vague allegation has been made against the applicant and merely on the basis of such cryptic and vague allegations, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 4. He further submits that even as per the prosecution, earlier deceased worked in the establishment of the applicant and applicant did not clear his dues and therefore, he committed suicide. He further submits, however, entire allegations levelled against the applicant are totally false but even if the same are
accepted then also prima-facie, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 5. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since
08.04.2025. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, as per allegation, due to the abetment of the applicant, deceased committed suicide and there is also suicide not of the deceased on record but from the suicide not, it reflects, it is cryptic and vague. 9.
Further, however, during investigation, it was revealed that deceased worked with the applicant and applicant did not clear his entire dues and therefore, he committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that even if the allegations are accepted then also prima- facie, it cannot be said that due to the abetment of the applicant, deceased committed suicide.. 10. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 08.04.2025. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. 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. 14. 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. 15. 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 :- 17.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad