Manish Yadav vs State of U.P.

Neutral Citation No. - 2025:AHC:43237

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7412 of 2025

Applicant :- Manish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Devesh Kumar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 441 of 2024, under Section 107 BNS, Police Station- Akbarpur, District- Kanpur Dehat, during pendency of the trial in the court below.

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FIR of the present case was lodged on 20.09.2024 against applicant and one another and according to FIR, daughter of the informant aged about 16 years suddenly committed suicide on 16.09.2024 and thereafter her cremation was also conducted but on 17.09.2024 informant obtained some information from her WhatsApp and Instagram chats that applicant and co-accused Pushpendra Yadav used to torture her and, therefore, according to him, due to their torture, she committed suicide.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter.

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He further submitted that however, during investigation, some WhatsApp messages of the deceased were recovered from the mobile phone of the applicant, which have been annexed along with the instant bail application but from these chats, it could not be reflected that due to abatement of the applicant, she committed suicide.

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He further submitted that actually, deceased and applicant were having friendship but her parents did not like their relationship and, therefore, applicant had to break his relationship with her and thereafter deceased through WhatsApp chat made insistence to

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pick her call and if thereafter she committed suicide then it cannot be said that due to abatement of the applicant, deceased committed suicide rather it reflects, due to behavior and restriction of informant side, she committed suicide.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.11.2024.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it is a case, in which, 16 years' daughter of the informant committed suicide and as per allegation, due to torture of the applicant and co-accused, she committed suicide and there is also some WhatsApp chats of the deceased, which have been annexed along with the instant bail application but after considering the same, the argument advanced by learned counsel for the applicant that even from perusal of these chats, it could not be reflected that due to abatement of the applicant deceased committed suicide, cannot be completely ruled out at this stage.

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Further, the argument advanced by learned counsel for the applicant with regard to suicide committed by the deceased also cannot be completely ruled out at this stage.

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Further, FIR of the present case was lodged after 4 days from the death of the deceased and after her death without conducting post-mortem her cremation was conducted.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 06.11.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Manish Yadav 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

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the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 24.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Manish Yadav v. State of U.P.

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Manish Yadav v. State of U.P.

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