Neutral Citation No. - 2025:AHC-LKO:41378 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6285 of 2025 Applicant :- Vishnu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rahul Agnihotri,Uday Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 29.03.2025 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 applicant has submitted that the present applicant has been falsely implicated in the case as he has 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. 4. Further submission of learned counsel for the applicant is that the present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant undertakes that if he is released on bail, he 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 applicant. 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 applicant is 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. 7. Accordingly, the bail application is allowed. 8. Let applicant- Vishnu be released on bail in the aforesaid case crime number 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:- (i) The applicant shall file an undertaking to the effect that he 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 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 the B.N.S.S., 2023 is issued and the 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 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 the 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 in accordance with law. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 18.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench