Neutral Citation No. - 2025:AHC-LKO:3026 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 193 of 2025 Applicant :- Harishyam Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Ram Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. Learned counsel for the applicant has filed the supplementary affidavit, today in the Court, the same is taken on record. 3.As per learned counsel for the applicant, the present applicant (Harishyam Yadav) is languishing in jail since 21.08.2024 in Case Crime No.240 of 2024, under Section 108 of Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as the "B.N.S."), Police Station-Rajesultanpur, District-Ambedkar Nagar. 4.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 5.Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation of Section 108 B.N.S. has been levelled against three accused persons including the present applicant. However, after completing the investigation the charge-sheet has been filed against the other accused persons under Section 70 (1) and 108 B.N.S., but against the present applicant the charge-sheet has been filed under Section 108 B.N.S. The prosecution is having no material to suggest that the present applicant has instigated the victim (since deceased) to commit suicide, therefore, the ingredients of Section 108 B.N.S. are missing. The applicant has explained the criminal history of one case in para-17 of the bail application which has been imposed after arrest of the present applicant. 6. Learned counsel for the applicant has stated that since the charge-sheet has been filed in this case, therefore, there is no apprehension of absconding the present applicant, if he is granted bail. He has also undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly. 7.On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant. 8.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that after completing the investigation the charge-sheet has been filed against the other accused persons under Section 70 (1) and 108 B.N.S., but against the present applicant the charge-sheet has been filed under Section 108 B.N.S; the prosecution is having no material to suggest that the present applicant has instigated the victim (since deceased) to commit suicide, therefore, the ingredients of Section 108 B.N.S. are missing; the charge-sheet has been filed in this case and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10.Let the applicant (Harishyam Yadav) be released on bail in the aforesaid case crime number on his 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench