Neutral Citation No. - 2025:AHC:90754 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18041 of 2025 Applicant :- Indal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey,Jai Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anurag Dubey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.103 of 2023, under Sections 306, 120B IPC, Police Station Saifai, District Etawah during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with five others. He further submits, initially FIR of the present case was lodged under Section 302, 120B IPC but during investigation when it was revealed that actually deceased committed suicide then case was converted under Section 306 IPC. 4. He further submits, during investigation applicant was enlarged on anticipatory bail by the co-ordinate Bench of this Court till submission of the police report under Section 173 (2) Cr.P.C. vide order dated 10.08.2023 passed in Criminal Misc. Anticipatory Bail Application No. 8399 of 2023. 5. He further submits, after submission of the charge-sheet, however, applicant challenged the proceedings before this Court in application U/S 482 Cr.P.C. but in the meantime, he has been sent to jail and application U/S 482 Cr.P.C. filed by the applicant is still pending. 6. He further submits, as during investigation applicant was enlarged on anticipatory bail and there is no allegation that he misused the liberty of anticipatory bail, therefore, there is no occasion to detain him further in the present matter. 7. He further submits, even co-accused Kamlesh has been released on bail by the co-ordinate Bench of this Court vide order dated 07.02.2025 passed in Criminal Misc. Bail Application No. 3433 of 2025. 8. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and in the present matter applicant is in jail since 30.04.2025. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects, initially FIR of the present case was lodged under Section 302, 120B IPC but subsequently case was converted under Section 306 IPC. However, as per allegation, applicant along with several others including co- accused Kamlesh abeted the deceased due to which, he committed suicide but co-accused Kamlesh has been released on bail by the co-ordinate Bench of this Court. 12. Further, from the record, it reflects, during investigation applicant was on anticipatory bail pursuant to the order passed by this Court and it appears, after submission of the charge- sheet he was sent to jail and considering this fact, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no occasion to further detain the applicant in the present matter. 13. Further, however, apart from the present case applicant is having criminal history of one another case but it appears, that case relates to minor offence and in the present matter he is in jail since 30.04.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Indal 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. 17. 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. 18. 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 :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad