Neutral Citation No. - 2025:AHC:86250 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17371 of 2025 Applicant :- Amit Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Kashyap Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Aishwarya Pratap Shahi, learned Advocate filed his power on behalf of informant, which is taken on record. 2. Heard Ms. Amrita Kashyap, learned counsel for the applicant, Sri Aishwarya Pratap Shahi, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 103 of 2025, under Sections 87, 108 BNS, Police Station- Tumkuhiraj, District- Kushinagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against applicant and two others under Section 87 BNS but after recovery of dead body of daughter of the informant case was converted under Section 108 BNS. 5. He further submitted that however, as per allegation, applicant enticed away the daughter of the informant and after that he pressurized her to perform marriage with him but when she did not ready for the same then he abated her to commit suicide but entire allegation levelled against the applicant is totally false. 6. He further submitted that even if allegations are accepted then also it cannot be said that due to abatement of applicant deceased committed suicide. He further submitted that actually deceased and applicant both were having friendship and informant did not like their relationship and only due to bad behaviour of the informant, deceased committed suicide. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.03.2025. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is named in the FIR and there is specific allegation against him that he firstly enticed away the deceased and thereafter pressurized her to perform marriage with him, therefore, it cannot be said that there is no evidence of abatement against the applicant and considering the totality of facts and circumstances of the case, he should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant pressurized the deceased to perform marriage with him and due that reason, she committed suicide but considering the nature of allegation levelled against the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record. 11. Further, even after considering the facts and circumstances of the case, the argument advanced by learned counsel for the applicant with regard to alleged suicide committed by the deceased, cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and he is in jail in the present matter since 18.03.2025. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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- Amit Gaur 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 :- 21.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad