Neutral Citation No. - 2025:AHC-LKO:11605 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1706 of 2025 Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. The present applicant is in jail since 06.12.2024, in case crime no. 386 of 2024, under Sections 108 of BNS at Police Station Mailani District Lakhimpur Kheri. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. At the very outset, learned counsel for the applicant has drawn attention of this Court towards the bail order of his mother, Ram Devi dated 16.01.2025 granted by this Court in Criminal Misc. Bail Application No. 388 of 2025. The other two accused persons, namely, Arti Nigam and Shashi Bala have been granted bail by this Court on 31.01.2025 and 18.02.2025 in Criminal Misc. Bail Application Nos. 990 and 1487 of 2025, respectively. Now the present applicant is a sole accused who has not been granted bail and he is pressing his bail application on the principles of parity. Learned counsel has stated that as a matter of fact, the father of the present applicant being maternal uncle of two sons of deceased, Ram Naresh was looking after them since their childhood and there was no complaint against his father or mother for any misbehavior or ill treatment of these two sons of the deceased Ram Naresh. After death of his father, his mother Ram Devi was looking after them. However, the unfortunate incident took place on 05.12.2024, when Ram Naresh committed suicide. One of his son, Sudhir Kumar lodged an FIR. One of the brother of the complainant, Sudhir Kumar has committed suicide on 06.12.2024, thereafter the informant Sudhir Kumar has also committed suicide and one suicide note was found of which the FSL report is still awaited. In the suicide note, general allegations have been levelled against the co-accused, Arti, Shivam (present applicant) and Ram Devi (mother of the applicant). Learned counsel for the applicant has stated that this fact has to be ascertained during the course of the trial as to what the overt act of the persons against whom the suicide note has been written. As a matter of fact, there is no overt or positive act of the present applicant to instigate Ram Naresh and his two sons to commit suicide, therefore, the ingredients of Section 108 BNS do not attract. There is no prior criminal history of the present applicant. The charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate 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. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 the present applicant is languishing in jail since 06.12.2024; there is no likelihood to conclude the trial in the near future; and 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. The bail application is allowed. Let the applicant- Shivam, 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 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. is issued and the applicants fail 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) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Order Date :- 24.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench