Neutral Citation No. - 2025:AHC:40620 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2173 of 2025 Applicant :- Hasan Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Singh 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 15.01.2025. Despite service of notice, none present on behalf of the informant. 2. Heard Sri S.K. Pandey, learned Advocate holding brief of Sri Ram Singh, 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. 701 of 2024, under Sections 74, 108 B.N.S. and 7/8 POCSO Act, Police Station Ijjat Nagar, District Bareilly during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is the neighbor of the deceased and on the basis of false allegation, he has been made accused in the present matter along with his family members. 5. He further submits, actually on the date of incident some dispute arose between applicant and informant side and after that deceased i.e. niece of the informant committed suicide and without any evidence of abetment applicant has been made accused in the present matter. 6. He further submits, even from the FIR it reflects, allegation of abetment of suicide was not against the applicant rather it was against other co-accused persons. He further submits, there is no evidence on record which can suggest that due to the abetment of the applicant deceased committed suicide. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 27.09.2024 i.e. for last more than five months. 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, it is a case in which a minor girl committed suicide and as per allegation due to the abetment of the applicant and his family members she committed suicide but from perusal of the FIR and other material available on record, it could not be reflected that due to the abetment of applicant, she committed suicide. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 27.09.2024 i.e. for last more than five months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Hasan Khan 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. 15. 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. 16. 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 :- 20.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad