Neutral Citation No. - 2025:AHC:66334 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5451 of 2025 Applicant :- Rajababu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Umesh Chandra Prajapati Hon'ble Sameer Jain,J. 1. Heard Sri Mahesh Kumar, learned counsel for the applicant, Sri Umesh Chandra Prajapati, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 585 of 2024, under Sections 137(2), 87, 107 B.N.S. and Section 3/4 D.P. Act, Police Station Mauranipur, District Jhansi during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation made in the FIR, daughter of the informant who was minor started living with the applicant as his wife but applicant and his family members tortured her for demand of Rs. 5 lakhs and due to want of dowry, they committed her murder but entire allegation leveled against the applicant is totally false. 4. He further submits, during investigation when it was found that deceased committed suicide then case was converted under Section 107 B.N.S. 5. He further submits, actually applicant is neighbor of the informant and daughter of the informant was having love affair with the applicant and as informant and his family members used to torture her, therefore, she started living with the applicant in his house but as informant and his family members continuously tortured her, therefore, she committed suicide but after her death on the basis of false allegation, applicant has been roped in the present matter along with others. 6. He further submits, even from the record, it reflects, incident occurred on 26.10.2024 but FIR of the present case was lodged on 04.11.2024 i.e. after seven days and this inordinate delay in lodging the FIR itself suggests that it is based on false facts. He further submits, there is no cogent evidence that due to the abetment of the applicant deceased committed suicide. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.11.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that deceased was hardly 17 years old girl and admittedly she resided in the house of the applicant as his wife and while she resided in his house she committed suicide, therefore, it cannot be said that applicant is innocent. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects, initially FIR of the present case was lodged under Section 103 B.N.S. and other sections but when during investigation it was found that actually deceased committed suicide then case was converted under Section 107 B.N.S. 11. Further, from the record, it reflects, deceased committed suicide on 26.10.2024 but FIR was lodged on 04.11.2024, therefore, there is delay of seven days in lodging the FIR of the present case. 12. Further, considering the story narrated by the informant in the FIR, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 13. Further, it appears, except the bald allegation of torture with regard to Rs. 5 lakhs there is no cogent evidence in this regard on record as earlier informant side did not make any complaint in this regard either against the applicant or his family members. 14. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.11.2024. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Rajababu Yadav 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. 19. 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. 20. 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 :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad