Neutral Citation No. - 2025:AHC:88131 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17632 of 2025 Applicant :- Mormukut Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Tikendra Pratap Singh, Advocate filed his power on behalf of the informant, which is taken on record. 2. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant, Sri R. N. Srivastava, learned A.G.A. for the State- respondent and Sri Tikendra Pratap Singh, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.23 of 2025, under Sections 108, 115(2) BNS, Police Station- Manth, District- Mathura, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, initially FIR of the present case was lodged against applicant and others, under Section 103(1) B.N.S. but during investigation when it was found that actually deceased committed suicide by hanging himself then case was converted under Section 108 B.N.S. 5. He further submits that actually deceased was having relationship with the daughter of the applicant and due to this reason, applicant scolded him and it appears, some quarrel also took place between both of them and thereafter, deceased committed suicide. He further submits, therefore, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 6. He further submits that applicant is having no criminal history and he is in jail in the present matter since 26.02.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit from the post- mortem report, it reflects, deceased sustained number of injuries but could not dispute the fact that as per autopsy surgeon, deceased died due to hanging. 8. They further could not dispute the fact that dispute arose between applicant and deceased with regard to the relationship of the deceased with the daughter of the applicant. 9. They further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 26.02.2025. 10. I have heard both the parties and perused the record of the case. 11. From the record, it reflects, initially FIR of the present case was lodged against applicant and others, under Section 103(1) B.N.S. but during investigation when it was found that actually deceased committed suicide by hanging himself then case was converted under Section 108 B.N.S. 12. Further, however, as per allegation, due to the abetment of the applicant, deceased committed suicide as applicant beaten him and post-mortem report also suggests that he sustained number of injuries but considering the argument advanced by learned counsel for the applicant that as deceased was having relationship with the daughter of the applicant and applicant scolded him, prima-facie, at this stage, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 26.02.2025. 14. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Mormukut 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 :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad