An accused is entitled to bail if there is no evidence to suggest that they instigated the deceased to commit suicide.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48473 of 2022

Applicant :- Fahim

Opposite Party :- State of U.P.

Counsel for Applicant :- Arvind Kumar Dixit,Arvind Prabodh

Dubey,Naushad Alam,Rizwan Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the entire record.

The present bail application has been filed on behalf of

applicant in Case Crime No. 62 of 2022, under Sections 306,

120-B I.P.C. and 67A I.T. Act, Police Station Sonakpur, District

Moradabad with the prayer to enlarge the applicant on bail.

It has been argued by the learned counsel for the applicant that

applicant has been falsely implicated in the present case. He

further argued that applicant is not named in the FIR. The name

of applicant came into light on the basis of confessional

statement of named accused Wasim. All the allegations are

leveled against accused Wasim about raping the victim. No

suicide note is left by the deceased. The applicant has not

instigated the deceased to commit suicide. Only allegation

against the applicant is that he organized a conference call with

Wasim and the wife of the informant. Learned counsel for the

applicant lastly submits that the applicant is in jail since

18.07.2022 having no criminal history and that in case applicant

is enlarged on bail, the applicant will not misuse the liberty of

bail.

Per Contra, Learned A.G.A. has opposed the bail application

and argued that during investigation, Investigating Officer has

collected the call detail report and it has been found that the

accused-applicant was involved in making viral the audio clip.

The age of the deceased was 16 years. She committed suicide

when Audio clip went viral.

Considering the submissions made by learned counsel for the

applicant as well as learned A. G. A. and without expressing

any opinion on the merits of the case, at this stage, prima facie,

a case for bail has been made out.

The prayer for bail is granted. The application is allowed.

Let the applicant Fahim in the aforesaid crime be released on

bail on furnishing a personal bond and two local sureties to the

satisfaction of court concerned subject to the following

conditions:

(1). The applicant will not tamper with the prosecution evidence

during the trial.

(2). The applicant will not influence any witness.

(3). The applicant will appear before the trial Court on the date

fixed, unless personal presence is exempted.

(4). The applicant shall not directly or indirectly make any

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 to any police officer or tamper with the

evidence.

In case of breach of any of the above condition, the prosecution

shall be at liberty to move an application before this Court

seeking cancellation of the bail.

Order Date :- 2.1.2023

T.S.

Digitally signed by :-

TRIBHUWAN SINGH

High Court of Judicature at Allahabad