Neutral Citation No. - 2025:AHC-LKO:16528 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 27 of 2025 Applicant :- Saurabh Kumar @ Saurabh Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Amit Kumar Awasthi,Amit Bhatt Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anand Kumar Shukla, Advocate holding brief of Sri Amit Kumar Awasthi, the learned counsel for the applicant, Sri Diwakar Singh, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 272 of 2020, under Section 306 I.P.C., registered at Police Station Neemgaon, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.09.2020 against the applicant and Anupam stating that the applicant used to molest the informant's daughter for which reason she committed suicide on 06.09.2020. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 20 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. In the statement of the victim as also witness Asharam, both of them have stated that the informant had gone to the applicant's house to object against the action of harassing the informant's daughter but the applicant and his uncle had turned him away. Upon seeing this the informant's daughter got disturbed and committed suicide. 5. The applicant was granted interim anticipatory bail by means of the following order passed on 09.01.2025:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 272 of 2020, under section 306 of IPC P.S.- Neemgaon District -Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that it is not a case of prompt instigation and it is alleged that the victim was hearing the conversation and as a result she has committed suicide. He added that the applicant is cooperating in the criminal proceedings and undertakes that he will not tamper the evidences and would never abscond from the same. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Saurabh Kumar @ Saurabh Raj shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of February, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. " 6. The office has reported that notice of application has been served upon the opposite party no.2 personally but neither the State nor the opposite party no.2 have filed counter affidavits. 7. Having considered the facts and circumstances of the case and keeping in view the fact that even in the statement given to the Investigating Officer, there is no allegation which may prima facie indicate abetment for suicide. 8. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 9. In view of above, the interim order dated 09.01.2025 is made absolute and the anticipatory bail application is allowed. (Subhash Vidyarthi, J.) Order Date :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench