Neutral Citation No. - 2025:AHC:39055 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9131 of 2025 Applicant :- Vikas Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Lal Dev Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri A. N. Tripathi, Advocate filed his power on behalf of the informant which is taken on record. 2. Heard Sri Lal Dev, learned counsel for the applicant; Sri A. N. Tripathi, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 16 of 2025, under Section 108 BNS, Police Station Ali Nagar, District Chandauli, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 19.1.2025 against the applicant and according to the FIR, marriage of the daughter of the informant was solemnized in the year 2020 with one Dharmendra but after marriage, due to instigation of applicant, she got divorce from her husband and pressurized the applicant to perform marriage with her but applicant neither performed marriage with her nor he kept her in his house and due to his torture on 18.1.2025 she committed suicide. 5. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter. 6. He further submitted that actually after marriage, deceased developed relationship with the applicant and she insisted him to marry with her but as she was already married lady, therefore, applicant was not ready to accept her proposal and it appears thereafter, she committed suicide. 7. He further submitted that it cannot be said that due to the abetement of the applicant, deceased committed suicide. 8. He further submitted that however, apart from the present case, applicant is also having criminal history of one another case relates to offence under section 376 IPC but that case was lodged by the victim against the applicant and in that case, applicant has already been acquitted. 9. He further submitted that in the present matter, applicant is in jail since 22.1.2025. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that only due to the influence of the applicant deceased divorced her husband and when after divorce, she insisted the applicant to perform marriage with her then applicant did not perform marriage with her and due to this reason, there was no option before her, except to commit suicide and therefore, it cannot be said that applicant is innocent and there is no evidence of abetement against him. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation due to the influence of the applicant deceased obtained divorce from her husband and thereafter she wanted to marry with the applicant but after divorce, applicant refused to perform marriage with her and thereafter, she committed suicide. Considering the nature of allegation levelled against the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, it cannot be said that due to the abetement of the applicant, deceased committed suicide. 13. Further, however, apart from the present case, applicant is having criminal history of one another case relates to offence under section 376 IPC but it reflects, that case was lodged by the victim against the applicant and in that case, applicant has already been acquitted. 14. Further, in the present matter, applicant is in jail since 22.1.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Vikas Kumar, 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. 18. 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. 19. 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 :- 19.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad