Neutral Citation No. - 2025:AHC-LKO:2831 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 410 of 2025 Applicant :- Suneel Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Bhanu Dutt Dwivedi,Monika Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Bhanu Dutt Dwivedi, learned counsel for the applicant and Sri Birendra Kumar, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 25.9.2024 in Case Crime No. 230 of 2024 u/s 352, 108, 115(2) B.N.S., P.S. Visheshwarganj, District Bahraich. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 16.7.2024 but the F.I.R. has been lodged on 27.7.2024 without explaining the delay of 11 days. The present applicant is husband of the victim and his relation with his wife was cordial. They got married 10 years ago and he was happily living with his wife and one son. He is absolutely unaware as to why his wife committed suicide on 16.7.2024 as he was not present in the house at that point of time. There is no overt or positive act on the part of the present applicant to instigate or abet the victim to commit suicide, therefore, the relevant ingredients of section 108 BNS are missing. The applicant has no prior criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. the date of incident has been indicated as 16.7.2024 but the F.I.R. has been lodged on 27.7.2024 without explaining the delay of 11 days, the applicant is husband of the victim and his relation with his wife was cordial, they got married 10 years ago and he was happily living with his wife and one son, applicant was not present in the house at that point of time when the wife committed suicide, there is no overt or positive act on the part of the present applicant to instigate or abet the victim to commit suicide, the relevant ingredients of section 108 BNS are missing, the applicant has no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Suneel Kumar Srivastava, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 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 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 / her in accordance with law, under Section 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 16.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench