Neutral Citation No. - 2025:AHC:20124 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1448 of 2025 Applicant :- Head Constable Rajeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Awadhesh Kumar Mishra, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 598 of 2024, under Sections 108, 238(C), 127(2), 3(5) BNS, Police Station- Kotwali, District- Shamli, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 14.10.2024 against applicant and other accused persons and according to FIR, applicant and other accused persons were the police personnel and they detained the son of the informant in the house of co-accused S.I. Sunil Kumar where they committed his murder. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 103 BNS but when it was revealed that actually deceased committed suicide then case was converted under Section 108 BNS. 5. He further submitted that applicant is police constable. He further submitted that on 14.10.2024 at about 12:17 hours, a FIR was lodged against deceased i.e. son of the informant with regard to enticement of a girl and a police team was constituted to recover the abductee and applicant was one of the member of the police team and applicant along with other police personnel recovered the deceased and abductee from Ambala, Haryana and thereafter when they were returning then on the way, their vehicle was breakdown and thereafter abductee was handed over to her family members and deceased, the son of the informant, who was co-accused in the case of enticement, was taken to the house of co-accused S.I. Sunil Kumar, where he unfortunately committed suicide, therefore, applicant can not held liable for his death. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that applicant is the police constable and initially FIR of the present case was lodged under Section 103 BNS but during investigation, when it was found that actually son of the informant committed suicide then case was converted under Section 108 BNS. 10. From the record, however, it reflects that deceased was kept in the house of co-accused S.I. Sunil Kumar as he was one of the accused in a case of enticement, where he committed suicide but from the record, it could not be reflected that due to abatement of the applicant, he committed suicide. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Head Constable Rajeev Kumar 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. 15. 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. 16. 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 :- 11.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad