Neutral Citation No. - 2025:AHC-LKO:5909 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 878 of 2025 Applicant :- Sudheer Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Sri Gulam Mustafa, learned counsel for the applicant and Sri Ram Ji, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 08.11.2024, in FIR/ Case Crime No. 340 of 2024, under Sections 108, 352 BNS, Police Station- Ajgain, District- Unnao. 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 the applicant has not been named. There is no allegation in the impugned FIR against the applicant to the effect that he has instigated the victim to commit suicide. As a matter of fact, there is no overt act of the applicant to instigate the victim to commit suicide. Initially, the FIR was lodged under Section 127(2), 74, 115(2), 352 BNS but charge sheet has been filed under Section 108, 352 BNS. 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. Therefore, 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 in the impugned FIR, the applicant has not been named; there is no allegation in the impugned FIR against the applicant o the effect that he has instigated the victim to commit suicide; there is no overt act of the applicant to instigate the victim to commit suicide; initially, the FIR was lodged under Section 127(2), 74, 115(2), 352 BNS but charge sheet has been filed under Section 108, 352 BNS; the applicant has no prior criminal history of any kind 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- Sudheer Kumar 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 IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./351 of 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 present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 28.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench