Neutral Citation No. - 2025:AHC-LKO:3257 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 474 of 2025 Applicant :- Umesh Kumar Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Aman Kumar Srivastava, learned counsel for the applicant and Sri Nikhil Singh, learned AGA-I for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 01.12.2024 in Case Crime No.576 of 2024, under Section 108 of B.N.S., Police Station – Maholi, District – Sitapur. 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 impugned FIR, general allegation has been levelled against the entire family members including the present applicant, who is husband of the deceased. The present applicant got married with the deceased ten years ago and his relation with his wife was cordial. He is absolutely unaware as to why his wife has committed suicide and as per allegation in the FIR, she committed suicide for the reason that the present applicant was allegedly having illicit relation with another female is absolutely incorrect. There is no overt act on the part of the present applicant to instigate his wife to commit suicide, therefore, ingredients of Section 108 of B.N.S. are missing. The factum of instigation may be tested during the course of the trial but at this stage, such allegations may not be tested. The present applicant is having no prior criminal history of any kind whatsoever. He is having his permanent address, therefore, there is no flight risk. 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 submitted that after completion of investigation, charge sheet has been filed only against the present applicant on 06.12.2024 and names of other accused persons have been dropped. The present applicant being the husband was not having good relation with his wife and on his ill behaviour and torturous attitude, she committed suicide. 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 this is a case of abetment to commit suicide but prima facie, it appears that there is no overt act on the part of the applicant to instigate the deceased to commit suicide as ingredients of Section 108 of B.N.S. are missing and the factum of instigation may be tested during the course of the trial; initially, general allegation has been levelled against the entire family members including the present applicant, who is husband of the deceased and got married with the deceased ten years ago, but charge sheet has been filed only 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- Umesh Kumar Pal 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 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 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 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 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 :- 20.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench