Neutral Citation No. - 2025:AHC-LKO:44841 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6784 of 2025 Applicant :- Vikas Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Meva Lal Yadav,Harshita Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Ms. Harshita Gupta, learned counsel for the applicant and Sri Hari Shankar Maurya, learned AGA for the State and Sri Durga Prasad, learned counsel for the complainant. The present applicant is in jail since 04.06.2025, in case crime no. 401 of 2025, under Sections 108 of BNS at Police Station Kotwali Akbarpur District Ambedkar Nagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the First Information Report, wherein, no specific allegation has been levelled against anyone, but some mobile numbers have been indicated. She has further submitted that the aforesaid mobile numbers do not belong to the present applicant. Further attention has been drawn towards annexure no. 2, which is the suicide note of the deceased wherein, no allegation has been levelled against the present applicant. After perusing the suicide note, it is not clear as to who was responsible for such suicide. Learned counsel has stated that even if the prosecution story is considered on its face value, there is no material or evidence suggesting any positive or overt act of the present applicant, instigating or abating the victim to commit suicide. Prima facie, ingredients of Section 108 BNS are missing, though, such fact may be ascertained and tested during the course of the trial. There is no prior criminal history of the applicant. The charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 04.06.2025; there is no likelihood to conclude the trial in the near future; 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. The bail application is allowed. Let the applicant- Vikas Rajbhar, 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 229-A of the Indian Penal Code/ 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 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 174-A of the Indian Penal Code/ 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 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. Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench