Neutral Citation No. - 2025:AHC-LKO:42454 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 794 of 2025 Applicant :- Videsh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Dheerendra Kumar Agnihotri, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. 2. In view of the proposed order, notice to opposite party No.2 is hereby dispensed with. 3. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in F.I.R./Case Crime No.213 of 2023, under Section 306 IPC, Police Station- Kheri, District- Lakhimpur Kheri. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. 4. Attention has been drawn towards the impugned FIR, wherein, the date of incident has been indicated as 08.05.2023 but the FIR has been lodged on 18.05.2023 without explaining the delay of ten days. As per prosecution story so narrated in the FIR, on trivial dispute the deceased came into hot-talk with the accused persons, thereafter, he received some minor injury and feeling offended from such free fight, he committed suicide. 5. Further attention has been drawn towards the Annexure-9 which is an order dated 05.09.2023 passed by this Division Bench in Criminal Misc. Writ Petition No.6832 of 2023, whereby the present applicant was granted arrest stay till completion of the investigation and filing of police report. Thereafter, the present applicant cooperated in the investigation and charge-sheet was filed. After filing of the chargesheet, the aforesaid writ petition was dismissed being withdrawn to challenge the chargesheete vide order dated 20.01.2025. Learned counsel has stated that even if, the prosecution story is taken on its face value and the allegation so levelled against him, even then prima facie, there is no overt and positive act of the present applicant to instigate or abet the deceased to commit suicide. Even if, at any place the present applicant had told the victim to go and die and feeling offended from such sentence, he committed suicide. Even then, the law settled by the Supreme Court recently and in other cases, offence under Section 306 I.P.C., prima facie would not be constituted. Though, the allegation may be tested during the course of trial. Learned counsel for the applicant has stated that the present applicant is having no prior criminal history of any kind whatsoever. He undertakes that he shall cooperate in the trial proceeding in a same manner, he has cooperated in the investigation, therefore, his liberty may be protected in the light of Sushila Aggarwal and Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 6. Learned AGA has opposed the aforesaid request by submitting that on the basis of material available in the case diary, charge-sheet has been filed against the present applicant and his arrest was stayed only up to filing of police report, therefore after filing of the police report, he should surrender and he should be taken into judicial custody. 7. Having heard learned counsel for the parties and having perused the material available on record and the objections so raised by Sri Ranvijay Singh, learned AGA, the law is trite by the Apex Court in re: Aman Preet Singh vs. Central Bureau of Investigation; (2022) 13 Supreme Court Cases 764 and Siddharth vs. State of U.P. and another (2022) 1 SCC 676; to the effect that if, the accused applicant is not arrested during the course of the investigation for any reason, his arrest would not be mandatory after filing of the chargesheet unless learned court concerned is having any cogent reason to take him into judicial custody. Admittedly, the present applicant was granted arrest stay by this Court and he cooperated in the investigation therefore after filing of the charge-sheet his judicial custody is not warranted, unless, he flouts any condition during the course of trial. If, the applicant clearly undertakes that he shall cooperate in the trial proceeding and shall not misuse the liberty so protected, he is entitled for anticipatory bail till conclusion of the trial. 8. Accordingly, the applicant namely (Videsh) is granted interim anticipatory bail in the aforesaid case crime number till conclusion of the trial. It is further directed that in the event of arrest, the applicants shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the trial court/court concerned/arresting authority with the following conditions:- (i). That the applicant shall make herself available for interrogation by the police officer as and when required; (ii). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). that the applicant shall not leave India without prior permission of the court; (iv). that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial (v). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted (vi). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vii). that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. In view of the aforesaid, this anticipatory bail application is allowed, till conclusion of the trial. Order Date :- 24.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench