Neutral Citation No. - 2025:AHC:17816 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47446 of 2024 Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.,Vijay Kumar Dwivedi Hon'ble Sameer Jain,J. 1. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri Praveen Goswami, learned Advocate, holing brief of Sri Vijay Kumar Dwivedi, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 501 of 2024, under Section 108 BNS, Police Station Gandhipark, District Aligarh during pendency of the trial. 3. FIR of the present case was lodged on 7.11.2024 against the applicant under Section 108 BNS and according to the FIR applicant used to torture the daughter of the informant aged about 16 years and on 6.11.2024 at about 4.30 PM when informant and his other family members were not present at home, he after entering in his house tortured her daughter and thereafter she hanged herself. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and except bald and verbal allegation of torture and abetment, there is no cogent evidence against the applicant on record in this regard. 5. He further submits that even if the entire allegations are accepted then also at this stage it cannot be said that due to abetment of applicant deceased committed suicide. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 8.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as applicant used to torture the minor daughter of the informant, therefore, she committed suicide and thus at this stage it cannot be said that there is no evidence against the applicant on record and considering the fact that in the present matter minor girl committed suicide, bail application of the applicant should be dismissed. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to torture of applicant, daughter of the informant, who was aged about 16 years, committed suicide but this Court finds merit in the argument advanced by the learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record and merely by making allegation that due to torture of applicant, deceased committed suicide, at this stage it cannot be said that due to abetment of the applicant, she committed suicide. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 8.11.2024. 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-Vishnu 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 :- 7.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad