Neutral Citation No. - 2025:AHC:6495 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45305 of 2024 Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Upadhyay Counsel for Opposite Party :- G.A.,Ram Murti Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Jitendra Upadhyay, learned counsel for the applicant; Sri Ram Murti Yadav, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 145 of 2024, under Sections 306, 506 IPC, Police Station Saddh, District Kanpur Nagar, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 13.7.2024 against the applicant under sections 306 and 506 IPC and according to the FIR daughter of the informant was 16 years old and applicant was having friendship with her and when he refused to perform marriage with her then on 3.6.2024 she with intention to commit suicide hanged herself and thereafter she was admitted in the hospital where she died on 12.6.2024. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that actually applicant and deceased both were having love affair but informant and his family members did not like their relationship and they used to torture the deceased and only due to their torture she hanged herself and after her death on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that admittedly deceased tried to commit suicide on 3.6.2024 but in spite of that FIR was lodged on 13.7.2024 i.e. after one and half months of the alleged incident & even after one month of her death and this inordinate delay in lodging the FIR, itself suggests that it is based on false and frivolous facts. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 1.10.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as applicant had developed close friendship with the deceased and he refused to perform marriage with her, therefore, she committed suicide, therefore, it cannot be said that there is no evidence against the applicant on record but could not dispute the fact that FIR was lodged on 3.7.2024 i.e. after almost one and half months from the date of incident of hanging and after a month from the date of death of the deceased. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation due to the abetment of the applicant deceased i.e. daughter of the informant committed suicide by hanging herself but it appears that except bald and verbal allegation, there is no cogent evidence of abetment against the applicant on record. 11. Further, FIR of the present case was lodged after about one and half months from the date of alleged hanging and after about one month from the date of death of the deceased and there is no plausible explanation of such inordinate delay in lodging the FIR. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 1.10.2024. 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-Shivam, 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 :- 15.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad