Neutral Citation No. - 2025:AHC:34681 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8267 of 2025 Applicant :- Nagendra Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant 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. 380 of 2024, under Sections 108 BNS, Police Station Gambheerpur, District Azamgarh, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 12.10.2024 against the applicant and his brother Lakhendar and according to the FIR, marriage of the daughter of the informant was solemnized about ten years before but after marriage, she developed relationship with the applicant and thereafter leaving her matrimonial home, she started living with the applicant in his home where applicant and his brother Lakhendar tortured her and one day, informant came to know that her daughter had gone somewhere from the house of applicant and on 10.10.2024 her dead body was recovered from a pond. 4. It is further mentioned in the FIR that due to the torture of the applicant and his brother Lakhendar, daughter of the informant 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 however, deceased after leaving her matrimonial home started living with the applicant in his house but on 6.10.2024 she had gone somewhere and subsequently, her dead body was found on 10.10.10.24 and it appears as she started living with the applicant after leaving her husband and children, therefore, she committed suicide. 7. He further submitted that there is absolutely no evidence of abetment except bald allegation that applicant tortured her. 8. He further submitted that even co-accused Lakhendar, brother of the applicant has been released on bail by this Court and copy of his bail order has been annexed at page No. 99 of the paper book and case of applicant, as far as allegation of abetment is concerned, is at par with him. 9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 12.10.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation due to the torture of the applicant daughter of the informant committed suicide but considering the fact that daughter of the informant was a married lady and even after her marriage, she on her own started living with the applicant and there is no cogent evidence of abetement against the applicant, the argument advanced by learned counsel for the applicant, cannot be ruled out, at this stage. 13. Further, however, applicant denied the allegation of torture but even considering the fact that allegation of torture appears to be vague, it cannot be said that due to the abetement of the applicant, deceased committed suicide. 14. Further, co-accused Lakhendar, brother of the applicant, has already been enlarged on bail by this Court and as far as allegation of abetement is concerned, case of applicant is at par with him. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 12.10.2024. 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-Nagendra, 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 :- 10.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad