Neutral Citation No. - 2025:AHC-LKO:6058 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 798 of 2025 Applicant :- Anurag Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Uma Kant,Shrayansh Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Umakant, learned counsel for the applicant and Sri Ranvijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant-Anurag is in jail since 24.10.2024 in Case Crime No.0434 of 2024 for the offence under Section 108 B.N.S. (306 I.P.C.) registered at Police Station-Laharpur, 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. which was lodged on 12.10.2024 for the alleged incident occurred on 05.10.2024. As per F.I.R., the allegations have been levelled that the present applicant was compelling the victim to get married with him, otherwise he will make obscene fake video of her and will make the same viral. Feeling offended from such act of present applicant, the victim committed suicide. 4. Learned counsel for the applicant has submitted that prosecution is not having any material or any evidence regarding any overt or positive act of the present applicant to instigate or abate the victim to commit suicide. Even the allegation is misconceived inasmuch as, present applicant has never compelled the victim to get married with him. Though, his extra-judicial confession have been recorded by the police which has got no evidently value. The allegation of Section 108 B.N.S. may be tested during course of the trial. Present applicant is not having any criminal history of any kind 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-Anurag, 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