Neutral Citation No. - 2025:AHC:129484 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56228 of 2023 Applicant :- Jaswant Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Kumar Mishra,Ganesh Mani,Neeraj Srivastava,Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. According to the F.I.R. the informant's brother namely Kuldeep on being fed up with his wife and the applicant, had committed suicide. 3. Learned counsel for the applicant submits that the incident is alleged to have taken place on 25.09.2023, whereas the F.I.R. has been lodged on 28.09.2023 without there being any plausible explanation of such an inordinate delay. Learned counsel has drawn attention of this Court to the Panchayatnama and has argued that in the "Property column" it has been specifically stated that from the pocket of deceased Rs. 650/- has been recovered which has been handed over to the applicant. He further submits that in the Panchayatnama, there is no whisper about the suicide note, whereas in the later stage, the suicide note has been introduced demonstrating that the applicant and wife of deceased are responsible for his suicide but there is nothing on record to show as to what was the reason of committing suicide, therefore the suicide note appears to be prepared for the purpose of implication of the applicant. Learned counsel has also drawn attention of this Court to the statement of informant and argued that there is no whisper about the applicant. It is thus contended that the ingredients of Section 306 I.P.C. is not attracted in the present case and that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 17.10.2023. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Jaswant involved in Case Crime No.458 of 2023 under Section 306 I.P.C., Police Station Nehtaur, District Bijnor, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 1.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad