Neutral Citation No. - 2025:AHC:2944 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42765 of 2024 Applicant :- Sakib Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Anil Kumar Mishra, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2024, under Sections 108, 351(2) B.N.S., Police Station Titaro, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation after 18 days he has been made accused in the present matter on the ground that he used to make conversation on phone with the deceased but merely on this basis it cannot be said that due to the abatement of applicant deceased committed suicide. 4. He further submits, except the bald and verbal allegation of abatement there is no cogent evidence against the applicant on record. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.10.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant pressurized the deceased to perform marriage with him and also threatened her to make her obscene video viral but during investigation no such obscene video could be recovered. 9. Further, applicant has not been made accused in the FIR of the present case and it appears, after 18 days he has been made accused in the present matter and except the bald and verbal allegation of abatement there is no cogent evidence against the applicant on record. 10. Further, from the entire evidence available on record against the applicant, it reflects that merely on the basis of suspicion applicant has been made accused in the present matter. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.10.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Sakib 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. 15. 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. 16. 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 :- 7.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad