Neutral Citation No. - 2025:AHC-LKO:6043 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 799 of 2025 Applicant :- Kamalu Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Wasim Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Wasim Ahmad, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant-Kamalu Kashyap is in jail since 20.09.2024 in Case Crime No.172 of 2024 for the offence under Section 108 B.N.S. (306 I.P.C.) registered at Police Station-Rampur Kalan, District-Sitapur. 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. wherein the allegation has been levelled against the present applicant and his mother. As per the prosecution story, wife of the applicant committed suicide on account of bad behaviour of applicant as he was a habitual drinker and was involved in gambling. The wife of the applicant used to oppose the aforesaid habit and present applicant used to beat his wife. Feeling aggrieved from the said mental and physical torture, she committed suicide. 4. Learned counsel for the applicant has stated that present applicant got married with the victim 11 years ago and his relationship with his wife was cordial in last 11 years. There was no serious dispute between husband and wife except some trivial dispute which are natural between husband and wife. As a matter of fact, there is no overt or positive act of the present applicant to instigate or abate his wife to commit suicide. Therefore ingredients of Section 108 B.N.S. are not attracted. The allegations related to Section 108 B.N.S. would be tested during course of trial. Present applicant is not having any kind of criminal history whatsoever. He has further submitted that charge-sheet has already been filed, therefore, there is no apprehension of absconding or tampering the evidence or witnesses. 5. 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. 6. 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. 7. 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., 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. 8. Bail application is allowed. 9. Let the applicant-Kamalu Kashyap, 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 :- 29.1.2025 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench