Neutral Citation No. - 2025:AHC-LKO:35778 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5329 of 2025 Applicant :- Virendra @ Virendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Shukla,Praveen Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.182 of 2024, under Sections 85, 103(1) of B.N.S., Police Station Khodare, District Gonda, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 05.04.2025. He further submitted that it is admitted case of the prosecution that the marriage of the applicant was solemnized with the daughter of the informant nine years ago and they were not having any child. He further submitted that the daughter of the informant was in depression and she committed suicide by consuming pesticide and she was immediately shifted to the Hospital for medical aid but she could not be saved and thereafter an information in this regard has been sent to the family members of the deceased. On the basis of the concocted story, the FIR in question was lodged. Initially the FIR of the incident was lodged with the allegation that the daughter of the informant tried to committed suicide but thereafter the Investigating Officer submitted charge-sheet for the offences under Section 85 & 103(1) of the B.N.S. without any evidence. He further submitted that charge sheet has already been filed and there is no possibility of tampering of evidences. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for grant of bail. She further submitted that the charge-sheet has already been filed after collecting sufficient evidences. She further submitted that in the statement of independent witnesses Hari Ram and Shiv Pujan, it has been stated that she was not having any child after wedlock of the applicant with the daughter of the informant, as a result, she was being victimized and on 23.08.2024, poison was given forcefully to the daughter of the informant but it is not disputed by the learned A.G.A. that no injury was found on the body of the deceased. In these circumstances, the applicant is not entitled to be released on bail. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that no ante mortem injury was found on the body of the victim and in the viscera report Aluminium Phosphide was found. Therefore, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7. Let applicant - Virendra @ Virendra Kumar - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of 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 IPC./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 IPC./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 :- 18.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench