Neutral Citation No. - 2025:AHC:6710 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44444 of 2024 Applicant :- Kallu Alias Jeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Dr. S.V.Maurya, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 128 of 2024, under Section 107 BNS, Police Station Reuna, District Kanpur Nagar during pendency of the trial. 3. FIR of the present case was lodged on 26.8.2024 against Guddi and two unknown persons and according to the FIR, in the absence of the informant nominated co-accused Guddi has taken his daughter to her house and on 14.8.2024 she informed his wife that the condition of her daughter is serious and she has taken her daughter to the Hospital and when informant and his family members arrived at Hospital then found that her daughter has died. It is further mentioned in the FIR that the daughter of the informant was 14 years of age and it appears that unknown persons after committing rape strangulated her. 4. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation through the statement of co-accused Guddi he has been made accused in the present matter. 5. He further submits that from the perusal of the material available on record it reflects that merely on the basis of suspicion applicant has been made accused in the present matter on the ground that he was having friendship with the deceased. 6. He further submits that except suspicion there is no cogent evidence against the applicant on record which can suggest that due to abetment of applicant deceased committed suicide. 7. He further submits that deceased died on 14.8.2024 but in spite of that FIR of the present case was lodged on 26.8.2024, i.e., after more than ten days and this inordinate delay in lodging the FIR suggests that it is based on false facts. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 27.8.2024. 9. Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that except suspicion there is no other evidence against the applicant on record. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the fact that applicant has been made accused in the present matter during investigation through the statement of co-accused and it appears that except suspicion there is no cogent evidence against the applicant on record and applicant is not having any previous criminal history and in the present matter he is in jail since 27.8.2024, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Kallu alias Jeet 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. 14. 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. 15. 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 :- 15.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad