HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4639 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. As per learned counsel for the applicants, the present applicants are in jail since 21.03.2025 in FIR/Case Crime No.114 of 2025, under Section 108 of B.N.S., Police Station- Khamaria, District- Lakhimpur Kheri. 3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein date of incident has been indicated as 06.03.2025 but the FIR has been lodged on 18.03.2025 without explaining the inordinate delay of twelve days. As per prosecution story, all the accused persons were teasing the daughter of the complainant and after being fed up from teasing, she committed suicide. Learned counsel has stated that during investigation the fact emerged that the main allegation has been levelled against co-accused Suraj and the present applicant being friend of Suraj has been falsely implicated. Even if the prosecution story is taken on its face value, ingredients of Section 108 of B.N.S. would not be attracted inasmuch as there is no positive or overt act on the part of the applicant for abetting the deceased to commit suicide. Since there is no such evidence against the present applicant, therefore, no case under Section 108 B.N.S. is made out against him. Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Rinku @ Pinku @ Sushil Kumar And Another .....Applicant(s) State Of U.P. Through Principal Secratary, Home, Lucknow .....Opposite Party(s) 4. Further submission of learned counsel for the applicants is that the co- accused Vishnu has already been granted bail by a coordinate bench of this Court vide order dated 18.7.2025 passed in Criminal Misc. Bail Application No. 6285 of 2025. Hence, the present applicants claim parity. Moreover, the present applicants are having no prior criminal history of any kind whatsoever. Further, the applicants undertake that if they are released on bail, they shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings. 5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicants. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that there is unexplained inordinate delay of twelve days in lodging the FIR; prima facie, ingredients of Section 108 of B.N.S. would not be attracted as there is no positive or overt act on the part of the applicant for abetting the deceased to commit suicide; the bail order of the co-accused Vishnu; the applicants are having no prior criminal history of any kind whatsoever 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 on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let applicant- Rinku @ Pinku @ Sushil Kumar and Suraj @ Suraj Ram be released on bail in the aforesaid case crime number on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer BAIL No. 4639 of 2025 2 or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 B.N.S.S. 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 them, in accordance with law, under Section 209 of B.N.S. September 4, 2025 Shravan BAIL No. 4639 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench