Neutral Citation No. - 2025:AHC-LKO:35333 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5284 of 2025 Applicant :- Mohd. Tahir Opposite Party :- State Of U.P. Thru. Prin. Secy. Homee Deptt. Lko Counsel for Applicant :- Brijesh Kumar Yadav,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.485 of 2024, under Sections 85, 80, 3(5) B.N.S. and 3/4 of D.P. Act, Police Station- Gosainganj, District- Sultanpur. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 11.12.2024. He further submits that marriage of the applicant was solemnised with the sister of the informant of the present case and they were enjoying their matrimonial life, but due to annoyance, she committed suicide. He next submits that information of the alleged incident was given to her family members. At the time of inquest of the body of deceased, the applicant was present. He also submits that no antemortem injury was found on the body of the deceased. He lastly submits that the charge-sheet has already been submitted, but charge has not been framed till today and as the applicant is ready to cooperate in the trial, he may be enlarged on bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that the applicant was present at the time of inquest of the body of the deceased and the applicant is one of the witness of the inquest. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it is evident that the sister of the informant committed suicide and no antemortem injury is found on body of the deceased. The applicant is witness of the inquest, whose name is mentioned at serial no.5. It is also evident that the applicant is in jail since 11.12.2024 and charge has not been framed till today. Therefore, it is fit case for bail. 6. The bail application is allowed. 7. Let the applicant- Mohd. Tahir 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench