Neutral Citation No. - 2025:AHC-LKO:5039 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 689 of 2025 Applicant :- Amit Ojha Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Gaurav Misra,Yashi Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Gaurav Misra, learned counsel for the applicant and Sri Ran Vijay Singh, 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 31.7.2024 in Case Crime No. 69 of 2024 u/s 306 IPC, P.S. Kunda, District Pratapgarh. 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. which shows that for the alleged incident dated 24.2.2024 the F.I.R. has been lodged on 19.3.2024 without explaining the inordinate delay of 22 days. As per allegation the present applicant established relation with the wife of the informant and used to torture her, resultant thereof his wife was fed up. On 24.2.2024 she committed suicide on such mental trauma. Learned counsel has shown Annexure no. 2 which is a complaint of the informant wherein he has indicated that he had strictly cautioned his wife not to talk with the applicant on 23.2.2024 and his wife committed suicide on 24.2.2024. Therefore, as per learned counsel this fact is yet to be ascertained as to who is responsible for her suicide, whether the present informant or the present applicant. Besides, the ingredients of section 306 IPC are not attracted in the present case. So far as the culpability of the present applicant is concerned, as there is no overt or positive act on his part to abet or instigate the victim to commit suicide. There is no proximity of any act of the present applicant with the act of suicide being committed by the victim. The aforesaid fact may be ascertained during the course of trial. 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 the for the alleged incident dated 24.2.2024 the F.I.R. has been lodged on 19.3.2024 without explaining the inordinate delay of 22 days, Annexure no. 2 is a complaint of the informant wherein he has indicated that he had strictly cautioned his wife not to talk with the applicant on 23.2.2024 and his wife committed suicide on 24.2.2024, therefore, this fact is yet to be ascertained as to who is responsible for her suicide, whether the present informant or the present applicant, the ingredients of section 306 IPC are not attracted in the present case, there is no overt or positive act on the part of the applicant to abet or instigate the victim to commit suicide, there is no proximity of any act of the present applicant with the act of suicide being committed by the victim, 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. 7. Bail application is allowed. 8. Let the applicant Amit Ojha, 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 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.may be issued and if 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 the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 27.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench