Neutral Citation No. - 2025:AHC:27151 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1474 of 2025 Applicant :- Pinki Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Chaurasiya,Namit Kumar Sharma Counsel for Opposite Party :- G.A.,Lal Chandra Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Namit Kumar Sharma, learned counsel for the applicant, Sri Lal Chandra Mishra, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 739 of 2024, under Section 108 B.N.S., Police Station Surajpur, District Central (Commissionerate Gautam Budh Nagar) during pendency of the trial. 3. FIR of the present case was lodged against applicant and unknown persons with the allegation that brother of the informant was living along with applicant in live-in-relationship and applicant used to torture him and due to this reason he committed suicide. It is further mentioned in the FIR that when informant saw the dead body of his brother then he was found that actually his brother was murdered by applicant and others. 4. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Section 103(1) B.N.S. but during investigation when it was found that actually it is not a case of murder and deceased committed suicide then case was converted under Section 108 B.N.S. 5. He further submits, however, applicant resided along with deceased in live-in-relationship but merely due to this reason it cannot be presumed that due to her torture, deceased committed suicide. 6. He further submits, there is no cogent evidence of abetment against the applicant on record and applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 12.12.2024. 7. 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 learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR and initially FIR of the present case was lodged under Section 103(1) B.N.S. with regard to murder of the deceased but subsequently when it was found that actually it is a case of suicidal death then case was converted under Section 108 B.N.S. 10. As per prosecution as deceased lived along with applicant in live-in-relationship and she used to torture him, therefore, he committed suicide but considering the nature of allegation and evidence collected against the applicant, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant, cannot be ruled out. 11. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 12.12.2024. 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 - Pinki 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 :- 27.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad