Neutral Citation No. - 2025:AHC:71803 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5570 of 2025 Applicant :- Uddeshya Kumar Gautam Alias Kaju Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.,Ramesh Chandra Pathak Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Sri Alok Kumar Singh, learned Advocate submits that he is counsel for the informant but his name has not been shown in the cause list. 3. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Alok Kumar Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 4. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.226 of 2024, under Sections 115(2), 352, 351(3) and 108 BNS, Police Station Kaptanganj, District Basti during pendency of the trial. 5. Learned counsel for the applicant submits that however, as per allegation due to the torture by applicant and others 15 years old son of the informant committed suicide but entire allegation levelled against the applicant is totally false. 6. He further submits that even from the FIR and statements of the witnesses it reflects that only general allegation has been levelled against all the accused. 7. He further submits that even FIR of the present case was lodged after three days and this delay in lodging the FIR shows that it is based on false facts. 8. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 24.12.2024, i.e., for the last more than four months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that allegation of torture levelled against the applicant appears to be quite serious and deceased was hardly 15 years old but they could not dispute the fact that FIR of the present case was lodged after three days and only general and omnibus allegations have been levelled against the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to torture of the applicant and other accused son of the informant,who was about 15 years old, committed suicide and from the record it reflects that allegation of torture prima facie appears to be quite serious in nature but only general and omnibus allegations have been levelled against all the accused. 13. Further, FIR of the present case was lodged after three days. 14. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 24.12.2024, i.e., for the last more than four months. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed either punitive or preventive purposes. 16. Further, law is also settled that bail is a rule while bail rejection is an exception. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Uddeshya Kumar Gautam alias Kaju 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. 20. 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. 21. 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 :- 6.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad