Neutral Citation No. - 2025:AHC:28096 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1779 of 2025 Applicant :- Neeraj Alias Dinesh Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Prem Chandra Dwivedi, learned counsel for the applicant and Shri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.197 of 2022, under Sections 306, 354, 504, 506, 406, 120-B IPC, Police Station Jagdishpura, District Agra, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 07.04.2022 against applicant and three others through an application under Section 156(3) Cr.P.C. and according to the FIR, marriage of the sister of the informant was solemnized about twenty years before but applicant developed illicit relationship with her and he also obtained money and jewellery from her and inspite of repeated demand, he was not returning the same and threatened her sister to defame her and due to the abetment of the applicant, she committed suicide. It is further mentioned in the FIR that on 02.01.2022 applicant was challaned under Section 151 Cr.P.C. 4. Learned counsel for the applicant submits that FIR of the present case was lodged after three months through an application under Section 156(3) Cr.P.C. and however, entire allegations levelled against the applicant are totally false but even if the same are accepted then also, it cannot be said that due to abetment of the applicant, deceased committed suicide. 5. He further submits that however, FIR of the present case was lodged on 07.04.2022 and applicant is in jail in the present matter since 28.11.2024 but he is not an absconder and as FIR of the present case was lodged after three months through an application under Section 156(3) Cr.P.C., therefore, he could not become aware about his involvement in the present matter and when he came to know about his involvement then he immediately surrendered before the court concerned on 28.11.2024 and therefore, it cannot be said that he is an absconder. 6. He further submits that even till date charge-sheet has not been filed against the applicant and he is having no previous criminal history to his credit. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, it reflects, in the present matter applicant is jail since 28.11.2024 but considering the fact that FIR of the present case was lodged after three months through an application under Section 356(3) Cr.P.C. and investigation of the case is still pending, the submission advanced by learned counsel for the applicant that applicant is not an absconder and he could not become aware about his involvement in the present matter, cannot be ruled out at this stage. 10. Further, as far as merit of the present case is concerned, however, as per allegation due to abetment of the applicant, married sister of the informant committed suicide as applicant was having illicit relationship with her and he also received money and jewelries from her but considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abtement against the applicant, cannot be ruled out at this stage 11. Further, applicant is jail in the present matter since 28.11.2024 and he is having no previous criminal history to his credit. 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- Neeraj Alias Dinesh 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 :- 27.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad