Neutral Citation No. - 2025:AHC:20158 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1537 of 2025 Applicant :- Brajbhan 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. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. 4. He further submitted that initially FIR of the present case was lodged under Section 103(1) BNS but subsequently when it was revealed that deceased committed suicide then case was converted under Section 107 BNS. He further submitted that there is no evidence of abatement against the applicant. 5. He further submitted that after considering entire facts of the case in detail, bail application of co-accused Chandrabhan has been allowed today by this Court vide Criminal Misc. Bail Application No. 1446 of 2025 and on merit, case of applicant is at par with him. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.11.2024. 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. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Chandrabhan has already been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 13.11.2024, 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- Brajbhan 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 :- 11.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad