Neutral Citation No. - 2025:AHC-LKO:11383 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1656 of 2025 Applicant :- Govind Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surendra Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Sachchidanand Tiwari Advocate holding brief of Sri Surendra Kumar Pal, learned counsel for the applicant, Sri Arun Kumar Verma, learned A.G.A. for the State and Sri Surendra Kumar Mishra, Advocate who has filed 'Vakalatnama' on behalf of opposite party No.2, same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Govind Gupta) is languishing in jail since 17.01.2025 in Case Crime No.181 of 2024, under Sections 306 & 506 IPC, Police Station- Palia, District- Kheri. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR which was lodged on 30.04.2024 for the alleged incident dated 23.11.2023 pursuant to the application being filed under Section 156(3) Cr.P.C. on 10.01.2024. Learned counsel has stated that even for the alleged incident dated 23.11.2023 the application under Section 156(3) Cr.P.C. has been filed on 10.01.2024 without explaining the delay. As per allegation of the FIR, the present applicant has forcefully provided poisonous content to his wife and after taking such poisonous content she died. In that way the allegation is related to the offence under Section 302 IPC but after completing the investigation, on the basis of material and evidence, the charge-sheet has been filed under Sections 306 & 506 IPC. Learned counsel has stated that there is no material or evidence available with the prosecution to suggest that the present applicant has instigated his wife to commit suicide. As the matter of fact there is no overt or positive act of the present applicant to instigate or abet his wife to commit suicide. Further, no circumstance has been shown convincing the Court that except to commit suicide the victim had got no other way out. Therefore, learned counsel has stated that the ingredients of Section 306 IPC are missing, however, the same may be tested during the course of the trial. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed. 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. On the other hand, learned Additional Government Advocate and counsel for complainant have vehemently opposed the prayer for bail of the present applicants by submitting that the allegation against the present applicant is serious as he provided the poisonous content to his wife due to which she died, therefore, he is not entitled for grant of bail, 6. Therefore, 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 allegation is related to the offence under Section 302 IPC but after completing the investigation, on the basis of material and evidence, the charge-sheet has been filed under Sections 306 & 506 IPC.; the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Bail application is allowed. 8. 7. Bail application is allowed. 8. Let the applicant (Govind Gupta), 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. Order Date :- 21.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench