Neutral Citation No. - 2025:AHC:20167 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1446 of 2025 Applicant :- Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- Avanish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Avanish Tripathi, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 428 of 2024, under Section 107 BNS, Police Station- Alapur District- Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 04.10.2024 against applicant and others under Section 103(1) BNS and according to FIR, on 17.09.2024, applicant along with others committed the murder of son of the informant. It is further mentioned in the FIR that on the date of incident, informant witnessed them near the place of incident and they were having wooden sticks in their hand. 4. Learned counsel for the applicant submitted that after 17 days from the date of incident, on the basis of false allegation FIR of the present case was lodged. 5. He further submitted that inquest of the present case was prepared on 17.09.2024 on the application moved by the informant that deceased i.e. his son committed suicide but subsequently, after 17 days, he lodged the FIR of the present case under Section 103(1) BNS. 6. He further submitted that when during investigation, it was revealed that actually it is not a case of murder rather deceased committed suicide then case was converted under Section 107 BNS. He further submitted that there is neither any evidence of murder against the applicant nor there is any evidence of abatement against him. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.11.2024. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation made in the FIR, applicant and others committed the murder of son of the informant but it reflects that informant was not an eye-witness and subsequently when it was revealed, actually it is not a case of suicidal death then case was converted under Section 107 BNS. 11. Further, when on the date of incident, inquest was conducted on the information given by informant then he did not state that it is a case of murder rather he informed the police that his son committed suicide, therefore, considering entire facts of the case, the argument advanced by learned counsel for the applicant that on the basis of false allegation applicant has been made accused in the present matter, cannot be completely ruled out at this stage. 12. Further, even there is no cogent evidence of abatement against the applicant. 13. Further, applicant is not having any criminal history and he is in jail in the present matter since 13.11.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Chandrabhan 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. 17. 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. 18. 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