Neutral Citation No. - 2025:AHC-LKO:2542 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 358 of 2025 Applicant :- Atul Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anil Kumar Singh, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 04.12.2024 in Case Crime No.140 of 2024, under Section 306 IPC, Police Station – Behta Gokul, District – Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein allegation has been levelled against four accused persons including the present applicant. As per prosecution story, the present applicant and the victim were in affairs and the applicant refused to get married with her, therefore, she consumed poison. Learned counsel has stated that though the present applicant was having cordial relation with the victim (since deceased) and they could have got married after attaining the marriageable age but the victim committed suicide for the reasons best known to her as the applicant has not instigated her to commit suicide. 4. At this Stage, learned AGA has informed, on the basis of instructions, that one video of the victim (since deceased) has been recovered, which is a part of case diary, wherein she has stated that the present applicant is willing to get married with her but her parents and her maternal uncle and aunty were not agreeable for marriage, therefore, she and the applicant have decided to finish their lives. For that reason, she committed suicide. 5. Learned counsel for the applicant has stated that since there is no positive or overt act on the part of the present applicant to instigate or abet the victim to commit suicide, therefore, ingredients of Section 306 IPC are missing. The present applicant is having no prior criminal history of any kind whatsoever and charge sheet has been filed. Further, the applicant undertakes that if he is released on bail, he 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. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that prima facie, ingredients of Section 306 IPC are missing as there is no overt act on the part of the applicant to instigate or abet the victim to commit suicide; the applicant and the victim were alleged to be in affairs and as per learned AGA, one video of the victim (since deceased) has been recovered wherein she has stated that the present applicant is willing to get married with her but her parents and her maternal uncle and aunty were not agreeable for marriage, therefore, she and the applicant have decided to finish their lives; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Atul Kumar 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 15.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench