Neutral Citation No. - 2025:AHC:30909 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47068 of 2024 Applicant :- Himmat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Indu Bhushan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Indu Bhushan Tripathi, learned counsel for the applicant and Shri Ghanshyam Mishra, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.148 of 2024, under Section 108 B.N.S., Police Station Kapoorpur, District Hapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that as per allegation, applicant is the agent of Exclusive Leasing And Finance Private Limited and deceased took loan of Rs.3,00,000/- from the company and applicant and co-accused Pooja Chauhan were continuously torturing him to repay the loan amount and due to their torture, he committed suicide. 4. He further submits that entire allegation levelled against applicant is totally false and actually applicant never tortured the deceased for repayment of loan amount. 5. He further submits that actually after taking loan, deceased was unable to pay the same, therefore, he committed suicide but as applicant was the agent of the company, therefore, he has been made accused in the present matter alongwith Pooja Chauhan. 6. He further submits that there is no cogent evidence of abetment against the applicant. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 06.09.2024 i.e for last more than six months. 8. Per contra, learned A.G.A. however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, applicant is the agent of Exclusive Leasing And Finance Private Limited and deceased took loan of Rs.3,00,000/- from the company but he did not make the repayment of the loan amount, therefore, applicant alongwith co- accused Pooja Chauhan threatened and tortured him and due to their torture, he committed suicide but considering the nature of allegation levelled against the applicant and the fact that deceased has taken loan of Rs.3,00,000/-, the argument advanced by learned counsel for the applicant, cannot be ruled out at this stage. 11. Further, even from the entire material available on record, it could not be reflected that due to the abetment of the applicant, deceased committed suicide. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 06.09.2024 i.e for last more than six months. 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- Himmat Singh, 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 :- 4.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad