Neutral Citation No. - 2025:AHC-LKO:40285 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6343 of 2025 Applicant :- Tahir Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shashank Shukla, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Tahir) is languishing in jail since 01.05.2025 in Case Crime No.0074 of 2025, under Section 108 B.N.S., 2023, Police Station- Khargupur, District- Gonda. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards the impugned FIR, wherein the date of incident has been indicated as 28.04.2025 but the FIR has been lodged on 30.04.2025. In the FIR, the general allegation has been levelled against the entire family. No specific allegation has been levelled against the present applicant. The applicant is father-in-law of the deceased, his relation was cordial with her. In last 10 years of service of his son with the deceased, there is no complaint against the present applicant. As a matter of fact, the applicant had nothing to do with the family affairs of his son and his wife. Even, if the prosecution story is considered on its face value, the relevant ingredient of Section 108 BNSS could not be attracted inasmuch as there is no overt or positive act from the part of the present applicant to instigate or abet the victim to commit suicide, however, the ingredients of Section 108 BNSS may be tested during the course of trial. Cause of death is hanging. As per postmortem report, there is no ante mortem injury, except one ligature mark around the neck of the deceased, which might a 4. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 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. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific allegation has been levelled against the present applicant, the applicant is father-in-law of the deceased, his relation was cordial with her, in last 10 years of service of his son with the deceased, there is no complaint against the present applicant, applicant had nothing to do with the family affairs of his son and his wife, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Tahir) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./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 in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 15.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench