Neutral Citation No. - 2025:AHC-LKO:3093 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 399 of 2025 Applicant :- Rajeev Saroj @ Salu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Mohd. Salman, learned counsel for the applicant and Shri Anant Pratap Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 18.11.2024, in Case Crime No.0349 of 2024, under Sections 108 of Bharatiya Nayay Sanhita, 2023 (in short 'BNS'), Police Station- Baghrai, District- Pratapgarh. 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. As per the allegation of the FIR, the applicant was in affairs with the victim and he established physical relation with her on the pretext of promise of marriage with her. As per the allegation in the FIR, the victim threatened that if the applicant does not agree to get married with her, she will commit suicide. When the applicant denied to get married with the victim, she committed suicide. 4. Learned counsel for the applicant stated that the aforesaid fact does not satisfy the ingredients of Section 108 BNS inasmuch as there is no overt or positive act on the part of the applicant to instigate or abet the victim to commit suicide, therefore, the ingredients of Section 108 BNS are not attracted. There is no prior criminal history of any kind whatsoever against the applicant. 5. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the applicant was in affairs with the victim and when the applicant denied to get married with the victim, she committed suicide; there is no overt or positive act on the part of the applicant to instigate or abet the victim to commit suicide; there is no prior criminal history of any kind whatsoever against the applicant and the 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. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Rajeev Saroj @ Salu 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 :- 16.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench