Neutral Citation No. - 2025:AHC-LKO:37059 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 507 of 2025 Applicant :- Guddu Pandey @ Sateendra Kumar Opposite Party :- State Of Up. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anurag Singh,Anurag Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anurag Singh, learned counsel for the applicant and Sri Rakesh Kumar Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 28.12.2024 in Case Crime No.454 of 2023, under Section 302 IPC, Police Station – Sakran, District – Sitapur. 3. As per learned counsel for the applicant, the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards impugned FIR wherein the date of incident has been indicated as 21.07.2023 but the impugned FIR has been lodged on 24.10.2023 pursuant to the application being filed under Section 156 (3) Cr.P.C. without explaining the delay. Further attention has been drawn towards Annexure No.2 of the bail application, which is statement of the complainant wherein he has stated that his son (deceased) was missing since 21.07.2023 and he alongwith his family members tried to search him out. On 22.07.2023, the complainant found that dead body of his son was hanging in the field of the present applicant. However, no prompt FIR has been lodged immediately after 22.07.2023 but such FIR has been lodged pursuant to the application being filed under Section 156 (3) Cr.P.C. on 24.10.2023. On such application, which was filed on 24.10.2023, the FIR was lodged on the same date i.e. 24.10.2023. There is no eye witness account nor there is any last seen evidence and only on the basis of suspicion, the application under Section 156 (3) Cr.P.C. has been field against the present applicant. The present applicant is having no prior criminal history of any kind whatsoever. 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. 4. 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. 5. 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 there is unexplained delay in filing the application under Section 156 (3) Cr.P.C. pursuant to which the impugned FIR has been lodged; there is no eye witness account nor there is any last seen evidence and only on the basis of suspicion, the application under Section 156 (3) Cr.P.C. has been field against the present applicant; 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Guddu Pandey alias Sateendra 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/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 the 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 of the Indian Penal Code/ 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 1.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench