Neutral Citation No. - 2025:AHC:11695 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45501 of 2024 Applicant :- Shani Urf Abhishek Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Niketa Sharma,Rahul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raul Kumar Sharma, 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. 213 of 2024, under Section 108 B.N.S., Police Station Kotwali Chandpa, District Hathras during pendency of the trial. 3. FIR of the present case was lodged against applicant and co- accused Jyoti and according to the FIR marriage of the son of the informant was solemnized with co-accused Jyoti in the year 2011 but after her marriage Jyoti developed illicit relationship with the applicant and due to this reason on 26.08.2024 his son committed suicide. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submits, applicant never developed any relationship with the wife of the deceased. 5. He further submits, even if the allegations leveled against the applicant are accepted, however the allegations are totally false, then also at this stage, it cannot be said that due to the abatement of the applicant deceased committed suicide. He further submits, except the bald and verbal allegation of illicit relationship, there is no cogent evidence against the applicant on record in this regard. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.10.2024. 7. Per contra, learned AGA 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 developed illicit relationship with the wife of deceased, therefore, deceased committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that even if applicant was having illicit relationship with the wife of the deceased then also it cannot be said that due to the abatement of the applicant deceased committed suicide. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.10.2024. 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 - Shani @ Abhishek Chauhan 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 :- 23.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad