Neutral Citation No. - 2025:AHC:89316 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17831 of 2025 Applicant :- Satyendra Rathore Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- D.K.Ojha,Vikas Kumar Ojha Counsel for Opposite Party :- Neeraj Singh Yadav,G.A. Hon'ble Sameer Jain,J. 1. Sri Neeraj Singh Yadav, Advocate filed his power on behalf of the informant, which is taken on record. 2. Heard Sri D. K. Ojha, learned counsel for the applicant, Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent and Sri Neeraj Singh Yadav, learned counsel for the informant. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.76 of 2025, under Sections 75(2), 351(3), 108 B.N.S. and Sections 9/10 POCSO Act, Police Station Bilhaur, District Kanpur Nagar, during pendency of the trial. 4. Learned counsel for the applicant submits that however, as per allegation, due to the torture of the applicant, daughter of the informant aged about twelve years committed suicide and there is also dying declaration of the deceased on record but neither from the record nor from her dying declaration, it could be reflected that due to the abetment of the applicant, deceased committed suicide. He further submits, even if the applicant being a young boy used to tease her then also it cannot be said that due to his abetment, deceased committed suicide. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 10.03.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that deceased was hardly twelve years old girl and from her dying declaration, complicity of the applicant is quite apparent and therefore, he should not be released on bail. 7. I have heard both the parties and perused the record of the case. 8. As per allegation, due to the abetment of the applicant, deceased committed suicide, who was hardly twelve years old girl and there is dying declaration of the deceased also on record, which has been annexed at page 111 of the paper book and however from her dying declaration, it reflects that applicant used to tease her but after considering the facts of the case including dying declaration of the deceased, this Court finds merit in the argument advanced by learned counsel for the applicant that it could not be reflected that due to the abetment of the applicant, deceased committed suicide as in view of this Court merely on the basis of such allegation at this stage, it cannot be said that due to the abetment of the applicant, deceased committed suicide. 9. Further, applicant is having no criminal history and he is in jail in the present matter since 10.03.2025. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Satyendra Rathore 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. 13. 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. 14. 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 :- 23.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad