Neutral Citation No. - 2025:AHC:55705 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6117 of 2025 Applicant :- Akhilesh Kumar Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A.,Umesh Chandra Prajapati Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri G.S. Chauhan, learned counsel for the applicant, Sri Umesh Chandra Prajapati, learned counsel for the first informant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Akhilesh Kumar Rajpoot, seeking enlargement on bail during trial in connection with Case Crime No.365 of 2024, under Sections 107 BNS, registered at Police Station Kotwali, District Jhansi. 4. The FIR of the matter was lodged on 14.11.2024 by Ramgopal Rajput against the applicant and five other persons alleging therein that his daughter aged about 17 years used to be troubled and blackmailed on the basis of messages since last three months and due to shame she stopped going to school and tuition. The accused persons had levelled allegations of theft of Rs.12.5 lakh on her due to which she used to remain disturbed. On 12.11.2024 at about 11 a.m. Saurabh Kushwaha came to his house and in front of his wife and daughter, he insulted his daughter and stated that she is a thief. He took them to a place where Abhishek Kushwaha was there who showed photograph and chats to his wife. Then his wife came back to house and found her daughter to have committed suicide due to the same. The FIR be thus lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the deceased committed suicide and died. It is argued that the deceased was being stated to have committed theft after which she committed suicide. It is argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. Co-accused Abhishek Kushwaha alias Abhi has been granted bail by coordinate Bench of this Court vide order dated 18.2.2025 passed in Criminal Misc. Bail Application No.8 of 2025, copy of the same produced by learned counsel for the applicant is taken on record. It has also been pointed out that the applicant is not having any criminal history as stated in para 26 of the affidavit. The applicant is in jail since 1.2.2025. 6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and there are allegations against him, as such the prayer for bail be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. Co-accused Abhishek Kushwaha alias Abhi has been granted bail by coordinate Bench of this Court. The applicant has no criminal history. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Akhilesh Kumar Rajpoot, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he/they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/them in accordance with law and the trial court may proceed against him/them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 16.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad