Neutral Citation No. - 2025:AHC:82386 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2660 of 2025 Applicant :- S Minor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar,Shailendra Singh Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 088 of 2024, under Sections 306, 506 I.P.C. and Section 67 of I.T. Act, Police Station Sahar, District Auraiya, with the prayer that in the event of arrest, applicant may be enlarged on anticipatory bail. 3. The F.I.R. was lodged against the applicant and one Kanchan with the allegation that the marriage of informant's son was solemnized with Kanchan. Prior to marriage there were illicit relations of Kanchan with the applicant, on account of which the applicant was torturing his son by sending obscene photographs and video in his mobile phone, on account of which disputes arose between husband and wife. On 17.05.2024 Kanchan called her father, who came along with some other persons and took Kanchan and on that date the son of informant went outside the house and did not return. On 18.05.2024 a missing report was lodged in that regard and on the same day at about 5:00 p.m. the dead body of the son of the informant was found in a canal. In the F.I.R. it has been made specific allegation that on account of torture being made by the applicant and Kanchan the informant's son has committed suicide. 4. Learned counsel for the applicant submits that the allegation made in the F.I.R. is that there were illicit relations of applicant with the wife of the deceased and by sending obscene photographs and videos the applicant used to torture him on account of which he committed suicide. Learned counsel further submits that though the allegation has been made that applicant was sending obscene photographs and videos on the mobile phone of the deceased, but there is no recovery of alleged mobile phone of the deceased, thus, there is no evidence on record to show that applicant had ever sent any obscene photograph or video. After the dead body of the deceased was recovered her postmortem was conducted and his cause of death was found to be asphyxia due to drowning. Learned counsel further submits that applicant is a minor. There is no evidence that applicant has abetted the deceased to commit suicide and no case under Sections 306, 506 I.P.C. and Section 67 of I.T. Act is made out. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. However, it could not be disputed that there is no evidence that applicant had ever sent any obscene photograph or video on the mobile phone of the deceased. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- S Minor, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/ prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad