Neutral Citation No. - 2025:AHC:31975 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36128 of 2024 Applicant :- Anshu @ Aakash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Sharma,Atul Sharma,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed by applicant is taken on record. 2. Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 96 of 2024, under Sections 74/108 BNS, Police Station- Daunki, District- Agra, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 28.07.2024 against applicant and two others and according to FIR, applicant along with two others used to make sexual assault upon the daughter of the informant due to which, she committed suicide by consuming some intoxicated substance. 5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with two others. He further submitted that along with applicant co-accused Dhanpal was also made accused, who was the real uncle of the deceased and informant was having enmity with him. 6. He further submitted that mother of the applicant and co- accused Manoj purchased the land of Dhanpal, the brother of the informant and only due to this reason, after death of his daughter, informant also implicated them along with his brother i.e. co- accused Dhanpal. 7. He further submitted that however, entire allegations levelled against the applicant are totally false but even if allegations are accepted then also it cannot be said that due to abatement of the applicant deceased committed suicide. He further submitted that allegation of torture and sexual assault appears to be vague in nature. 8. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 31.07.2024 i.e. for last more than seven months. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, due to torture of applicant and two others daughter of the informant committed suicide but considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that allegation of torture appears to be vague, cannot be completely ruled out at this stage. 12. Further, record also suggests that applicant has been made accused in the present matter along with his brother and co- accused Dhanpal and co-accused Dhanpal was the real brother of the informant i.e. real uncle of the deceased, therefore, allegation of sexual assault made against him prima facie appears to be improbable and considering this fact, the reason of false implication of the applicant and co-accused Dhanpal disclosed by learned counsel for the applicant during the course of argument, cannot be completely ruled out at this stage. 13. Further, applicant is not having any criminal history and he is in jail in the present matter since 31.07.2024 i.e. for last more than seven months. 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- Anshu @ Aakash 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 :- 5.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad