Neutral Citation No. - 2025:AHC:71730 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12805 of 2025 Applicant :- Chote Kumar Alias Chote Lal Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Ch. Dil Nisar,Viresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ch. Dil Nisar, learned counsel for the applicant and Sri Dharm Raj Pal, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 221 of 2024, under Section 108 BNS, Police Station- Shrirampur, District- Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Section 87 BNS and as per allegation made in the FIR, applicant enticed away the daughter of the informant but entire allegation levelled against the applicant is totally false. He further submitted that during investigation, when the dead body of daughter of the informant was recovered and it was revealed that she committed suicide then case was converted under Section 108 BNS. 4. He further submitted that however, as per informant, due to abatement of the applicant, deceased committed suicide but there is no cogent evidence against the applicant in this regard on record. 5. He further submitted that actually informant is the step mother of the deceased and only due to her torture, deceased firstly left her house and thereafter committed suicide but as deceased was having friendship with the applicant, therefore, he has been roped in the present matter. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 04.02.2025. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, due to abatement of applicant, deceased committed suicide but it reflects, there is no cogent evidence of abatement against the applicant on record. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 04.02.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Chote Kumar Alias Chote Lal Prasad 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. 14. 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. 15. 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad