Neutral Citation No. - 2025:AHC:36683 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1248 of 2025 Applicant :- Kuldeep Gurjar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.,Girish Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Tripathi, learned counsel for the applicant, Sri Girish Kumar, learned counsel for the informant 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. 28 of 2024, under Section 306 IPC, Police Station- Kheda Rathaur, District- Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged after one month from the death of the deceased with the allegation that there was dispute between applicant and deceased with regard to transaction of money, due to which, he committed suicide. 4. He further submitted that however, during investigation, Investigating Officer also procured a suicide note of the deceased, in which, he also stated that applicant is responsible for his death but even from the suicide note of the deceased, it could not be reflected that due to abatement of the applicant, he committed suicide. He further submitted that if there was dispute of money between applicant and deceased and due to that reason, deceased committed suicide then it cannot be said that due to abatement of the applicant, he committed suicide. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 12.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the suicide note of the deceased, it reflects that due to applicant, he committed suicide as there was dispute between both of them with regard to money and, therefore, it cannot be said that applicant is innocent 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. However, as per allegation, there was dispute between applicant and deceased with regard to money and, therefore, he committed suicide and from the suicide note of the deceased also, it reflects that there was dispute between applicant and deceased with regard to money and due to this reason, he committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that even if there was dispute between applicant and deceased with regard to money then also it cannot be said that due to abatement of applicant, deceased committed suicide. 9. Further, FIR of the present case was lodged after one month from the date of the death of the deceased. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 12.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Kuldeep Gurjar 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. 14. 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. 15. 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 :- 12.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad