Neutral Citation No. - 2025:AHC:24590 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46568 of 2024 Applicant :- Vijay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 446 of 2024, under Sections 351(3), 108 B.N.S., Police Station Shahpur, District Gorakhpur during pendency of the trial. 3. FIR of the present case was lodged on 08.08.2024 against applicant and according to the FIR applicant harassed the daughter of the informant aged about 14 years and in this regard earlier a FIR was lodged against him at Case Crime No.827 of 2023 at Police Station Shahpur, District Gorakhpur but after released on bail in that case, he started threatening the informant and his daughter and on 13.08.2024 when daughter of the informant was alone in her house then applicant severely threatened and harassed her due to which she committed suicide. 4. Learned counsel for the applicant submits, applicant is innocent and on the basis of false allegation, he has been made accused in the present matter. 5. He next submits, actually applicant and deceased both were close friends but informant opposed their friendship and earlier also on the basis of false allegation, she lodged FIR against the applicant. It is next submits, actually due to the pressure and torture of the informant, deceased committed suicide. He further submits, even there is no cogent evidence of abetment against the applicant on record. 6. He next submits, apart from the present case and earlier case lodged by the informant, there is no other criminal history of the applicant and in the present matter he is in jail since 08.10.2024. 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 due to torture and threatening of the applicant deceased committed suicide but this Court finds merit in the submission advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record. 10. Further, apart from the present case and earlier case, which was lodged by the informant, there is no other criminal antecedent of the applicant and in the present matter he is in jail since 08.10.2024. 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 - Vijay Kumar 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 :- 20.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad