Neutral Citation No. - 2025:AHC:60346 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4299 of 2025 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- Amit Kumar,G.A.,Vinod Kumar Tirpathi Hon'ble Sameer Jain,J. 1. Heard Sri Vidit Narayan Mishra, learned counsel for the applicant, Sri Amit Kumar, learned counsel for the informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 148 of 2024, under Section 108 B.N.S., Police Station Sector-142 Noida, District Gautam Budh Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR and as per allegation, he threatened the daughter of the informant on phone due to which she committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, however, during investigation as per prosecution informant provided some videos in which, applicant was threatening the deceased but merely on the basis of threatening it cannot be said that due to his abetment she committed suicide. 5. He further submits, however, entire allegations leveled against the applicant are totally false but even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant, deceased committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the video clip, which was produced by the informant during investigation, it is apparent that applicant threatened the deceased, therefore, it cannot be said that there is no evidence of abetment against the applicant and considering the entire facts of the case, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation due to the threatening of the applicant deceased committed suicide and with regard to threatening there are some videos also on record but after considering the entire facts of the case, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, at this stage, it cannot be said that due to the abetment of the applicant deceased committed suicide as mere threatening is not sufficient to attract the provision of Section 108 B.N.S. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.11.2024. 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 - Irfan 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 :- 22.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad