Neutral Citation No. - 2025:AHC:10767 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46246 of 2024 Applicant :- Anuj Kumar Alias Chhutka Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Radhey Shyam Shukla, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.493 of 2024, under Section 108 B.N.S., Police Station Kanth, District Shahjahanpur during pendency of the trial. 3. FIR of the present case was lodged 19.09.2024 under Section 137 (2) B.N.S. against the applicant and according to the FIR on 17.9.2024 at about 8.00 P.M. in the evening applicant has enticed away the daughter of informant aged about 17 years. 4. Learned counsel for the applicant submits that initially FIR of the present case was lodged under section 137(2) BNS but when it was found that daughter of the informant hanged herself then after recovery of her dead body the case was converted under section 108 BNS. 5. He further submits that there is absolutely no evidence of abetement against the applicant and even if applicant had taken the deceased although this allegation is totally false and subsequently he refused to perform marriage with her as alleged then also it cannot be said that due to his abetement she committed suicide. 6. He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 29.09.2024. 7. Per contra, learned AGA however, 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. However, as per allegation applicant enticed away the daughter of the informant aged about 17 years from her house and subsequently he refused to perform marriage with her and thereafter she committed suicide but in view of this court even if the allegation levelled against the applicant are accepted then also at this stage it cannot be said that due to the abetement of the applicant she committed suicide. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.09.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, 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 - Anuj Kumar Alias Chhutka 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 :- 22.1.2025/Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad