Neutral Citation No. - 2025:AHC:71625 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5290 of 2025 Applicant :- Amit Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Gour Hari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sudhanshu Kumar Gour Hari, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case No.25307 of 2024 arising out of Case Crime No.243 of 2024, under Sections 306, 506 I.P.C., Police Station Dataganj, District Budaun, during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation due to the abetment of the applicant and others, deceased committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submits that actually applicant and deceased were having love affair and on the basis of false allegation, earlier FIR of rape was lodged by the informant side against the applicant. He further submits, when applicant was released on bail in that case then again conversation was started between him and deceased but when informant came to know this fact then he started torturing the deceased and only due to the torture of the informant and his family members, deceased committed suicide and after her death, on the basis of false allegation, applicant has been roped in the present matter. 5. He further submits that even from the FIR and the statements of the witnesses recorded during investigation, it reflects that vague allegation of torture and abetment have been made against the applicant. 6. He further submits that apart from the present case and earlier case lodged by the informant side, there is no other criminal history of the applicant and he is in jail in the present matter since 19.06.2024 i.e. for last almost a year. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation earlier informant side lodged an FIR against the applicant with regard to rape upon the deceased and when he was released on bail in that case then he started torturing the deceased, therefore, she committed suicide but after considering the entire facts of the case, the argument advanced by learned counsel for the applicant with regard to the alleged suicide committed by the deceased, cannot be ruled out at this stage. 10. Further, even from the FIR, it reflects, allegation of torture and abetment made against applicant prima-facie appears to be vague. 11. Further, apart from the present case and earlier case lodged by the informant side, there is no other criminal history of the applicant and he is in jail in the present matter since 19.06.2024 i.e. for last almost a year. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Amit Chauhan 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. 15. 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. 16. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad