Neutral Citation No. - 2025:AHC:50001 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5424 of 2025 Applicant :- Vansh Saxena Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. The instant matter is being taken up out of turn on the mention made by learned counsel for the applicant that from 22.04.2025 exam of the applicant is scheduled to be held. 2. Sri Santosh Nigam, learned AGA for the State apprised the Court that on 03.03.2025 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant. 3. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 448 of 2024, under Sections 108, 74, 351(2), 324(4) BNS & 7/8 Protection of Children from Sexual Offences Act, Police Station- Fatehganj West, District- Bareilly, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that however, as per allegation, due to conduct of the applicant, deceased committed suicide but FIR of the present case appears to be based on false facts. He further submitted that even if allegations are accepted then also it cannot be said that due to abatement of the applicant, deceased committed suicide. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.12.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is named in the FIR and there is specific allegation that applicant used to torture the deceased due to which she committed suicide, therefore, it cannot be said that there is no evidence of abatement against the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR and as per allegation, he used to torture the deceased and, therefore, she committed suicide but considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that even if allegations are accepted then also it cannot be said that due to abatement of the applicant deceased committed suicide, cannot be completely ruled out at this stage. 10. Further, applicant is student of B.A.-II and he is not having any criminal history and he is in jail in the present matter since 06.12.2024. 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- Vansh Saxena 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 :- 7.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad