Neutral Citation No. - 2025:AHC:144084 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28672 of 2025 Applicant :- Yuvraj Alias Abhiraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjay Mishra, learned counsel for the applicant, Sri Mahesh Kumar, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.26 of 2025, under Sections 74, 108, 351(3) B.N.S. and 3(1)(Da)(Dha)/3(2)Va, 3(2)V SC/ST Act and 7/8 POCSO Act, Police Station Sahson, District Etawah, during the pendency of trial. 4. As per prosecution story, the named accused person-Shivam @ Lalu used to tease and torment the deceased person by passing indecent remarks on her and thereby led her to commit suicide. The deceased committed suicide by sprinkling inflammable material over her body on 27.06.2025. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about nine hours. It is further argued that applicant is not named in the dying declaration of the deceased person. The deceased person only nominated the named accused person-Shivam @ Lalu although the deceased has stated that other friends of the said named accused persons also used to pass indecent remarks to her. It is further argued that the statement of the victim recorded under Section 164 Cr.P.C. does not indicate any overt act being committed by the applicant to abet the deceased person to commit suicide, as such, it is clear cut case of false implication. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 07.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that the deceased in her statement recorded under Section 164 Cr.P.C. has named the applicant, as such, he is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant is neither named in the FIR nor his name has come up in the dying declaration of the deceased person, coupled by the fact that no overt act has been assigned to the applicant in the statement of the deceased recorded under Section 164 Cr.P.C., and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Yuvraj Alias Abhiraj, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad