Neutral Citation No. - 2025:AHC:76909 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13847 of 2025 Applicant :- Manoj Gupta Alias Jitu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Dwivedi,Deepankar Dwivedi,Shiv Bilas Soni Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Manav Chaurasia, learned AGA for the State apprised the Court that notice has been served upon the informant on 18.04.2025. Despite service of notice, none present on behalf of the informant. 2. Heard Sri Ashok Kumar Dwivedi, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 1047 of 2024, under Sections 108, 74, 115(2), 351(2) B.N.S. and 7/8 POCSO Act, Police Station Kotwali Nagar, District Banda during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR along with co-accused Sudha Gupta and as per allegation applicant was having illicit relationship with co-accused Sudha Gupta, therefore, husband of co-accused Sudha Gupta committed suicide and after his suicide applicant is also threatening the informant and her sister that he will keep them as their mother but entire allegation leveled against the applicant is totally false. 5. He further submits, even if the allegations with regard to suicide committed by the deceased are accepted, then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 6. He further submits, however, informant i.e. daughter of the deceased also made allegation that after his suicide, applicant threatened her and her sister that he will also exploit them like their mother i.e. co-accused Sudha Gupta but as according to them due to the act of the applicant their father committed suicide, therefore, they started making such allegation against the applicant and prima facie this allegation appears to be false and baseless. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was having illicit relationship with the wife of the deceased i.e. co-accused Sudha Gupta, therefore, deceased committed suicide but it appears, except the bald and verbal allegation there is no cogent evidence of abetment against the applicant on record. 11. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that even if due to the illicit relationship of the applicant and co-accused Sudha Gupta, husband of co-accused Sudha Gupta committed suicide then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 12. Further, however, as per informant, after the suicide committed by her father, applicant is threatening her and her sister that he will also sexually exploit them like their mother i.e. co-accused Sudha Gupta but argument advanced by learned counsel for the applicant in this regard can also not be completely brushed aside at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 03.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Manoj Gupta @ Jitu 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. 17. 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. 18. 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 :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad