Neutral Citation No. - 2025:AHC:81036 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50123 of 2023 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhir Kumar Tiwari, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Rohit, seeking enlargement on bail during trial in connection with Case Crime No.138 of 2022, under Sections 366, 306 IPC, registered at Police Station Jasrathpur, District Etah. 4. The FIR of the matter was lodged on 18.11.2022 by Suresh Chand against the applicant and Sonu alleging therein that on 17.11.2022 at about 11 a.m. he along with his family members was on his plot and his daughter aged about 18 years was alone in the house. When he returned back to house, he did not find his daughter. She was searched a lot after which it came to the knowledge that she has been lured and enticed away by Rohit and Sonu. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the deceased is a major girl. It is argued that the deceased was in love with the applicant and she joined the company of the applicant out of her own sweet-will and lived with the applicant for this reason. The family members of the victim continuously tortured her through telephonic conversations due to which she being annoyed and when the applicant had gone to work, the victim committed suicide. It is argued that there was no pressure on the deceased of the applicant. It is further argued that the applicant never tortured the deceased nor committed any type of offence. The allegation do not make out the case of instigation and abetment and the applicant had no mens-rea to commit the offence. The deceased was found to have received a ligature mark on her body and the cause of death was asphyxia due to hanging, the same is suggestive of suicide. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit and is in jail since 4.7.2023. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the body of the deceased was found in the house of the applicant. The applicant was involved in torturing and harassment of the deceased. Since the body was recovered in the house of the applicant and there is an allegation against him in the FIR and the fact of recovery of dead-body is not disputed, the implication of the applicant is there. It is submitted while placing the judgement of the Apex Court in the case of Harjinder Singh Vs. The State of Punjab: 2024 INSC 634, SLP (Crl.) 1891 of 2024 decided on 06.05.2025 (paragraph 14) that looking to the sensitivity of the matter with regard to social context where honor and shame of the deceased heavily weighed offence is established, the prayer for bail be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is named in the FIR. The dead-body of the deceased was found in the house of the applicant. The matter is serious in nature. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 16.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad