Neutral Citation No. - 2025:AHC-LKO:6373 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 936 of 2025 Applicant :- Sushil Kumar Tripathi @ Kanhaiyya (According To The Fir Sushil Kumar Tewari @ Kanhaiya) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Arun Sinha, learned counsel for the applicant and Sri Alok 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 27.11.2024 in Crime No. 445 of 2024 u/s 108 BNS (306 IPC), 238 BNS (201 IPC), P.S. Rampur Mathura, 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 F.I.R. which was lodged on 28.11.2024 for the incident which took place on 25.11.2024 without explaining the delay of three days. As a matter of fact the impugned F.I.R. has been lodged after taking advice from others so as to implicate the present applicant. The allegation in the F.I.R. is that the deceased was a domestic help in the house of the present applicant and she committed suicide on the allegation that the present applicant had not paid her salary and used to torture her. Sri Sinha has stated that on such allegation the ingredients of section 306 IPC would not be attracted inasmuch as there is no overt or positive act on the part of the applicant to instigate or abet the victim to commit suicide though this fact would be tested during the trial. The applicant has no prior criminal history of any kind whatsoever. In this case investigation is still pending. 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 F.I.R. was lodged on 28.11.2024 for the incident which took place on 25.11.2024 without explaining the delay of three days, the ingredients of section 306 IPC would not be attracted inasmuch as there is no overt or positive act on the part of the applicant to instigate or abet the victim to commit suicide, applicant has no prior criminal history of any kind whatsoever, in this case investigation is still pending 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. Let the applicant Sushil Kumar Tripathi @ Kanhaiyya (According To The Fir Sushil Kumar Tewari @ Kanhaiya), 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 / she 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 / her 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 B.N.S.S., 2023 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 / her 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 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 30.1.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench