Neutral Citation No. - 2025:AHC-LKO:37888 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5871 of 2025 Applicant :- Shivraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Akhilendra Kumar Goswami,Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Akhilendra Kumar Goswami, learned counsel for the applicant and Sri Anant Pratap Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 11.5.2025 in Case Crime No. 81 of 2025 u/s 108, 85 B.N.S. and 3/4 D.P. Act, P.S. Khargupur, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Learned counsel for the applicant has stated that the marriage of son of the present applicant with the deceased took place in the year 2011, since then they were living happily. There might be any trivial dispute between the husband and wife. The daughter-in-law of the present committed suicide. The relation of the present applicant with his daughter-in-law was cordial and he has never demanded any dowry from her or her family members in last 14 years of marriage. The cause of death is hanging. There is no antemortem injury except one ligature mark around the neck area which might be cause due to hanging. There is no incriminating material or evidence suggesting that on account of any overt or positive act of the present applicant his daughter-in-law committed suicide. As a matter of fact there is no abetment on his part to the victim to commit suicide, therefore, prima-facie the ingredients of section 108 of B.N.S. are missing. Learned counsel for the applicant has submitted that the investigation is still pending and if he is released on bail, he shall cooperate in the investigation and also abide by all terms and conditions of bail. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that relation of the present applicant with his daughter-in-law was cordial and he has never demanded any dowry from her or her family members in last 14 years of marriage, cause of death is hanging, there is no antemortem injury except one ligature mark around the neck area which might be caused due to hanging, there is no incriminating material or evidence suggesting that on account of any overt or positive act of the present applicant his daughter- in-law committed suicide, there is no evidence suggesting that the applicant abetted the victim to commit suicide, the ingredients of section 108 of B.N.S. are missing, investigation is still pending and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Shivraj, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / she 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 / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (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 351 of B.N.S.S., 2023. 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 / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 4.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench