Neutral Citation No. - 2025:AHC-LKO:35468 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5213 of 2025 Applicant :- Arjun Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.581 of 2024, under Sections 366 & 306 I.P.C., Police Station Maurawn, District Unnao. 4. Learned counsel for the applicant has submitted that the applicant as well as the daughter of the informant were in association and thereafter they solemnized marriage on 14.10.2022 and thereafter, they went to Punjab for employment and thereafter they shifted to Hapur where the daughter of the informant committed suicide and the information was given to all the family members and the inquest as well as postmortem of the body of deceased was conducted. The cause of death was found hanging due to result of asphyxia. Thereafter an application under Section 156(3) was filed on the basis of concocted facts, which was allowed then the FIR has been lodged for the offence under Sections 366 & 306 I.P.C. on 06.11.2024. After investigation, chargesheet was submitted by the Investigating Officer for the offence under Sections 366 & 306 I.P.C.. He further submitted that the chargesheet has already been filed. Applicant is in jail since 25.02.2025. There is no possibility of tampering of any evidence and at the time of inquest the family members of the deceased has not made any complaint to the offices against the applicant. In support of his submission, learned counsel for the applicant has placed reliance on the decision of Hon'ble Supreme Court passed in the case of Mahendra Awase vs. State of Madhya Pradesh reported in 2025 AIR SC 568. 5. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he does not dispute this fact that the cause of death is asphyxia due to result of antimortem hanging. 6. Considering the submission of learned counsel for the parties and going through the contents of the F.I.R., as well as other relevant documents, it is evident as per the prosecution case that something was told by the applicant as a result of daughter of informant committed suicide, hence, this Court is of the view that prima facie, there is no evidence of abetment to commit suicide, therefore, applicant is entitled to be released on bail. 7. The bail application is allowed. 8. Let the applicant-Arjun, who is involved in aforementioned 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant 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 or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 I.P.C./269 B.N.S. (v) 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 B.N.S.S. may be issued and if 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 I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025/Reena (Rajeev Singh,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench