Neutral Citation No. - 2025:AHC:28700 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39196 of 2024 Applicant :- Arif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed today on behalf of the State is taken on record. 2. Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 184 of 2024, under Sections 304(1), 317(2), 108 B.N.S., Police Station Barahapur, District Bijnor during pendency of the trial. 4. FIR of the present case was lodged on 14.09.2024 against applicant and according to the FIR on 11.09.2024 the cousin sister of the informant died due to impact of running train but subsequently informant came to know that applicant had taken her mobile and also insisted her to visit his home, therefore, she committed suicide. 5. Learned counsel for the applicant submits, FIR of the present case is based on vague facts and however entire allegations are totally false but even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 17.09.2024 i.e. for last more than five months. 7. Per contra, learned AGA 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 nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant deceased committed suicide, cannot be ruled out. Further, applicant is not having any criminal history and in the present matter he is in jail since 17.09.2024 i.e. for last more than five months. Therefore, 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 - Arif 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 :- 28.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad