Neutral Citation No. - 2025:AHC:100865 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20766 of 2025 Applicant :- Mahendra Kumar Gautam Opposite Party :- State of U.P. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Prem Prakash Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.856 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station- Robertsganj, District- Sonebhadra, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There are general and omnibus allegations against the applicant and other family members. The FIR is delayed by about seven days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the informant is Panch witness no.2 in the inquest proceedings undertaken on the date of death itself, but he has not whispered a single word against the applicant or other family members. No cause of death could be ascertained as such viscera was preserved and on chemical analysis aluminum phosphide has bee found in the viscera, which indicates a case of suicide. 6. It is further argued by learned counsel for the applicant that the FIR has been instituted as an afterthought after legal consultation. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 15.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in institution of FIR coupled with the fact that informant is the Panch witness no.2 in the inquest proceedings and he has not whispered a single word against the applicant at that stage, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Mahendra Kumar Gautam, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad