Neutral Citation No. - 2025:AHC:20272 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2740 of 2025 Applicant :- Heera Lal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.32 of 2024, under Section 306 IPC, Police Station Ushait, District Budaun during pendency of the trial. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged against the applicant and others under Sections 304, 328 and 120B IPC but during investigation when it was found that deceased, i.e., son of the informant actually committed suicide then case was converted under Section 306 IPC. 5. He further submits that applicant is the brother-in-law (husband of the sister-in-law of the deceased) and as per allegation he developed illicit relationship with the wife of the deceased and, therefore, deceased committed suicide. 6. He further submits that however, entire allegation of illicit relationship of the applicant with the wife of the deceased is totally false but even if the allegations are accepted then also it cannot be said that due to abetment of the applicant deceased committed suicide. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 14.10.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant developed illicit relationship with the wife of the deceased and, therefore, he committed suicide, therefore, it cannot be said that applicant is innocent and prima facie it appears that due to abetment of the applicant deceased committed suicide and, therefore, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record it reflects that initially FIR of the present case was lodged under Sections 304,328 and 120-B IPC but during investigation when it was found that actually deceased committed suicide then case was converted under Section 306 IPC. 11. Further, however, as per prosecution applicant, who was the brother-in-law (husband of the sister-in-law of the deceased) developed illicit relationship with his wife and, therefore, he committed suicide but this Court finds merit in the argument advanced by the learned counel for the applicant that merely due to this reason at this stage it cannot be said that due to abetment of the applicant deceased committed suicide. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 14.10.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Heera Lal 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. 16. 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. 17. 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 :- 13.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad