Neutral Citation No. - 2025:AHC:67151 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5867 of 2025 Applicant :- Gagan Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Dinesh Kumar Misra Counsel for Opposite Party :- Balbeer Singh,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dinesh Kumar Misra, learned counsel for the applicant; Sri Balbeer Singh, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 622 of 2024, under Sections 108, 351(2) BNS, Police Station Tajganj, District Agra, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 30.9.2024 against the applicant and his wife and one another and according to the FIR, on 28.9.2024 daughter of the informant went from her home to play hockey match but on 30.9.2024 informant received an information that she committed suicide in a room of hotel. It is further mentioned in the FIR that applicant was continuously harassing her and earlier also informant side lodged two FIRs against him under section 376 and 354 IPC. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 5. He further submitted that actually applicant was however married but he was having friendship with the deceased and deceased who belonged to different community pressurized the applicant to perform marriage with her after change his religion and when informant side came to know about their relationship then earlier two FIRs against the applicant were lodged under sections 376 and 354 IPC. 6. He further submitted that it is a case in which deceased committed suicide as applicant could not perform marriage with her and as she was major, therefore, it cannot be said that due to the abetement of the applicant she committed suicide. 7. He further submitted that apart from the present case and two above cases which were also lodged by the informant side, applicant is, however, having criminal history of one another case but that case relates to minor offence. 8. He further submitted that applicant is in jail in the present matter since 1.10.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that it is a case of sexual harassment and earlier also due to the conduct of the applicant two FIRs were lodged against him and this time when applicant again tried to harass the deceased then she committed suicide and therefore, it cannot be said that there is no evidence against the applicant. However, they could not dispute the fact that deceased was married lady aged about 21 years. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation due to the abetement of the applicant, deceased i.e. daughter of the informant committed suicide and it also reflects from the record that earlier also two FIRs were lodged by the informant side against the applicant under sections 376 and 354 IPC but considering the facts of the case, defence taken by the applicant, in the instant bail application cannot be completely brushed aside, at this stage. 12. Further, admittedly, deceased of the case is a major lady. 13. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail should not be withheld for punitive purposes. 14. Further, however, apart from the present case and two above cases which were also lodged by the informant side, applicant is also having criminal history of one another case but that case relates to minor offence. 15. Further in the present, applicant is in jail since 1.10.2024 i.e. for last more than 6 months. 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-Gagan Alias Banti, 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 :- 30.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad