Neutral Citation No. - 2025:AHC:26407 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1170 of 2025 Applicant :- Jayram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Shiv Babu Dubey Hon'ble Sameer Jain,J. 1. Heard Ms. Priya Chandra learned Advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for the applicants, Sri Ram Surat Patel, learned Advocate holding brief of Sri Shiv Babu Dubey, learned counsel for the informant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 1192 of 2024, under Sections 115(2), 351(3), 108 BNS, Police Station- Kotwali, District- Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against applicants and two others and according to FIR, applicants however, purchased the property from the deceased but in spite of that they did not pay the consideration to him and when he demanded his money then they scolded him and due to this reason, he committed suicide. 4. She further submitted that however, entire allegations levelled against the applicants are totally false but even if allegations are accepted then also it cannot be said that due to abatement of applicants, deceased committed suicide. She further submitted that there is no cogent evidence of abatement against the applicants on record. 5. She further submitted that applicants are not having any criminal history and they are in jail in the present matter since 11.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that after purchasing plot from the deceased, applicants also gave him a cheque, which was dishonoured and thereafter when he demanded his money then they threatened him and due to this reason, he committed suicide, therefore, it cannot be said that, there is no evidence of abatement against the applicant and, therefore, the instant bail application should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. As per prosecution, applicants purchased the property from the deceased and they did not pay the consideration to him and when he demanded his money then they threatened him and thereafter he committed suicide. Considering the nature of allegation levelled against the applicants, the argument advanced by learned counsel for the applicants that there is no cogent evidence of abatement against the applicants, cannot be completely ruled out at this stage. 9. Further, applicants are not having any criminal history and they are in jail in the present matter since 11.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants- Jayram and Bhagwandas 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 13. 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 applicants. 14. 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 :- 24.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad