Neutral Citation No. - 2025:AHC:82740 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4522 of 2025 Applicant :- Aman Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ganesh Kumar Verma,Jayant Rai Counsel for Opposite Party :- G.A.,Sarvesh Pandey,Shivam Tripathi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ganesh Kumar Verma, learned counsel for the applicant and Sri Sarvesh Pandey, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 311 of 2024, under Sections 137(2), 87, 64(1), 108 of BNS and Sections 3/4 of POCSO Act, Police Station - Bhelupur, District - Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the victim on 27.02.2024 at about 09:00 AM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than one day as it was instituted on 28.07.2024 at about 09:42 PM. 6. Learned counsel has also stated that the prosecution story stands falsified from the statements of the victim recorded u/s 180 & 183 BNSS whereby she has changed the date of occurrence as she has stated that she went with the applicant on 28.07.2024 by train and reached Mumbai and stayed there. She has further stated that subsequently after the said relationship, the applicant has refused to comply with the said promise of marriage. 7. Learned counsel has further stated that the victim by her looks seems to be major although as per her own statement, she is stated to be 17 years old. The applicant is languishing in jail since 10.09.2024 and subsequent to it, the victim has committed suicide on 15.09.2024. There is a video recorded by the victim before her death whereby she has stated that she is committing suicide on account of the refusal of the applicant to marry her. It is argued that the said video recording does not come within the purview of Section 108 BNS, as such, the ingredients of abetment of suicide do not stand fulfilled as there is no overt act or instigation at the part of the applicant in the said video. 8. Learned counsel has also placed much reliance upon the judgement of Supreme Court passed in Kamaruddin Dastagir Sanadi Vs. State of Karnataka, 2024 INSC 908 and the relevant para-28 of the judgement reads as under:- "In Prabhu (supra) the Court further observed that broken relationships and heart breaks are part of everyday life and that breaking-up of the relationship would not constitute any instigation or abetment of suicide inasmuch as in order to constitute 'Instigation' it much be shown that the accused had by his acts and omissions or by continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide" 9. Learned counsel has lastly contended that there is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 10. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor and the provisions of POCSO Act are very much applicable to the applicant and he had recused from her earlier promise of marriage, as such, he is not entitled for bail. However, learned AGA could not dispute the fact that the applicant has no criminal history. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, the statements of the victim recorded u/s 180 & 183 BNSS and also considering the judgement of Supreme Court passed in Kamaruddin Dastagir Sanadi (supra) coupled by the fact that the victim had travelled with the applicant all the way to Mumbai and has not raised any alarm whatsoever, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Aman Chauhan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 17.5.2025/Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad