Neutral Citation No. - 2025:AHC-LKO:4417 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 447 of 2025 Applicant :- Vivek Kumar @ Baladeen Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Hom Lko Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajat Pratap Singh, learned counsel for the applicant and Sri Hari Shankar Maurya, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 28.10.2024, in FIR/ Case Crime No. 440 of 2024, under Sections 108 BNS, Police Station- Sandi, District- Hardoi. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein for the alleged incident dated 25.10.2024, the FIR has been lodged on 28.10.2024. Initially, the FIR was lodged under Sections 140(1), 64, 103(1) of BNS & Section 4(2) of POCSO Act but during investigation no evidence or material relating to the aforesaid sections has been found, therefore, the charge sheet has been filed under Section 108 BNS. Learned counsel for the applicant has stated that though the FIR was misconceived but the charge sheet is also misconceived inasmuch as there is no overt or positive act of the present applicant to instigate the victim to commit suicide. The present applicant is a young boy of 19 years and is absolutely unaware as to why the daughter of the informant has committed suicide. Since both the applicant and the victim were native of the same place, therefore, the applicant was known to the victim (since deceased) but the other allegations are absolutely false and misconceived. He has stated that the applicant has no prior criminal history of any kind whatsoever. 4. Learned counsel has further stated that the applicant undertakes that if he is enlarged on bail, he shall co-operate 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. 5. 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. 6. 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 initially, the FIR was lodged under Sections 140(1), 64, 103(1) of BNS & Section 4(2) of POCSO Act but during investigation, no evidence or material relating to the aforesaid sections has been found, therefore, the charge sheet has been filed under Section 108 BNS; there is no overt or positive act of the present applicant to instigate the victim to commit suicide; the present applicant is a young boy of 19 years; the applicant has no prior criminal history of any kind whatsoever 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Vivek Kumar @ Baladeen 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 :- 21.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench