Neutral Citation No. - 2025:AHC:103269 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22032 of 2025 Applicant :- Nirbhay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Manoj Kumar Singh, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant-Nirbhay Singh, with the prayer to release him on bail in Session Trial No.244 of 2018 arising out of Case Crime No.677 of 2018, under Section 306 IPC, Police Station Auraiya, District Auraiya during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against the applicant and others with regard to the suicide committed by the deceased on 24.6.2018 and in the present matter applicant is in jail since 28.3.2025 but he is not an absconder. 4. It is next submitted that actually during investigation involvement of the applicant was found false and no charge sheet was filed against him and during trial under Section 319 Cr.P.C. he has been summoned. 5. He further submits that co-accused Pooran Singh, who was also named in the FIR and against him charge sheet was also filed, has already been released on bail by Coordinate Bench of this Court and his bail order has been annexed at page No. 101 of the paper book and on facts case of applicant is at better footing than him. 6. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 28.3.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and the fact that applicant has been summoned under Section 319 Cr.P.C. and during investigation his involvement was found false and co-accused Pooran Singh has already been released on bail by Coordinate Bench of this Court and the case of applicant is at better footing than him, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Nirbhay 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. 12. 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. 13. 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 :- 3.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad