Neutral Citation No. - 2025:AHC:85069 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13283 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- Ankit Srivastava,Ch. Dil Nisar,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant; Sri Ch. Dil Nisar, 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. 266 of 2024, under Sections 107 BNS, Police Station Kotwali Nagar, District Saharanpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 30.10.2024 at about 23:02 hours against the applicant and according to the FIR with regard to the minor daughter of the informant, a case is pending against applicant and due to that reason daughter of the informant was quite puzzled and on 30.10.2024 at about 8 pm in the evening daughter of the informant had gone to the house of the applicant and when after receiving information, informant arrived there then found that his daughter was sitting outside the house of the applicant and she informed her mother that she had consumed insecticide and immediately thereafter she was rushed to the hospital where doctor declared her dead. 4. It is further mentioned in the FIR that informant subsequently found two suicide notes of the deceased in which deceased blamed applicant for her death. 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 deceased who was more than 16 years old girl was having love affair with the applicant and when this fact was revealed to her parents then a false FIR has been lodged against the applicant and after that in that case applicant was sent to jail but considering the statement of the victim recorded during investigation, this Court enlarged him on bail in that case and after released on bail when applicant returned to his home then deceased tried to meet him again but due conduct of her parents this time applicant refused to make any contact with her and when this fact was revealed to the informant side then they badly beaten the deceased and due to their bad behaviour on their abetment she committed suicide by consuming insecticide. 7. He further submitted that the fact that deceased was badly beaten, is even evident from the post mortem report which suggests that she sustained as many as 11 injuries. He further submitted that there is no allegation either in the FIR or in statements of the witnesses that either applicant or his family members caused these injuries to the deceased. 8. He further submitted that however, there are two suicide notes of the deceased also on record which have been annexed at page 66-67 of the paper book but genuineness of these suicide notes are still to be proven and even from these suicide notices, it could not be reflected that due to the abetment of the applicant, deceased committed. 9. He further submitted that from the second suicide note which has been annexed at page 67 of the paper book, it reflects that deceased stated in it that 'जजा रहही हहहूं मम | खखश रहनजा सब' and this line in the suicide note of the deceased again strengthen the defence version that when applicant refused to continue relationship with her due to fear of the informant and his family members then thereafter, she was badly treated by them and thereafter, she committed suicide. 10. 10. He further submitted that the only fault of the applicant is that he unfortunately loved the deceased. 11. He further submitted that apart from the present case and one another case which was lodged by the informant, applicant is having no criminal history and he is in jail in the present matter since 31.10.2024 i.e. for last more than six months. 12. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that deceased was minor girl and applicant firstly trapped her in his love and subsequently exploited her and thereafter when he was released on bail in that case then again he started torturing her and due to his torture, ultimately she committed suicide and even from both the suicide notes of the deceased, complicity of the applicant is apparent in the present case. 13. They further submitted that deceased sustained as many as 11 injuries and possibility cannot be ruled out that either applicant or his family members inflicted knife injuries to her but they could not dispute the fact that neither in the FIR nor in the statements of the witnesses there is any allegation that either applicant or his family members caused injuries to her. 14. I have heard learned counsel for the parties and perused the record of the case. 15. However, as per allegation due to the abetment of the applicant, deceased committed suicide and earlier also with regard to the deceased, a FIR was lodged by informant side against applicant in which although applicant had already been released on bail and there is also two suicide notes of the deceased and in one suicide note, she blamed applicant for her suicide but considering over all facts and circumstances of the case and second suicide note which has been annexed at page 67 of the paper book, the argument advanced by learned counsel for the applicant, with regard to the suicide committed by the deceased, cannot be ruled out. 16. Further, however, deceased sustained as many as 11 injuries on her person but there is no allegation that applicant caused these injuries to the deceased. 17. Further, even genuineness of the suicide note of the deceased are still to be proven and merely on the basis of suicide note in which deceased in very cryptic way stated that applicant is responsible for her death, in view of this Court, it cannot be said that due to the abetment of the applicant, she committed suicide. 18. Further, apart from the present case and one another case which was lodged by the informant, applicant is having no criminal history and he is in jail in the present matter since 31.10.2024 i.e. for last more than six months. 19. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 20. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 22. Let the applicant- Aman, 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. 23. 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. 24. 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 :- 20.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad