Neutral Citation No. - 2025:AHC-LKO:11430 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12839 of 2024 Applicant :- Malkhe Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Nripendra Mishra,Ajey Singh Counsel for Opposite Party :- G.A.,Mohd. Vakar Khan Hon'ble Rajesh Singh Chauhan,J. Counter affidavit and rejoinder affidavit filed today is taken on record. Heard Sri Nripendra Mishra, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State. As per learned counsel for the applicant, the present applicant is in jail since 02.10.2024 in Case Crime No.719 of 2024, under Sections 115 (2), 352, 351 (3), 107 B.N.S. and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 Police Station Khairighat, District Bahraich. 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, which was lodged on 21.09.2024 for the incident dated 16.09.2024 without explaining the delay. In the impugned FIR, entire family of the present applicant has been implicated on the allegation that the present applicant was trying to have affair with the daughter of the informant and when the informant made complaint of the present applicant to his family members, they instead of restraining the present applicant for not doing the aforesaid act, they abused the daughter of the complainant, resultant thereof, she committed suicide in the field of the present applicant. Learned counsel has stated that there is no overt act on the part of the present applicant to instigate or abet the victim to commit suicide. Learned counsel has further submitted that since the informant is neighbour of the present applicant, therefore, some trivial disputes have been raised between the families. The present applicant is absolutely unaware as to why the victim committed suicide in his field as the allegation against him is false. Charge sheet has been filed. 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. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of 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; the fact that there is delay of five days in lodging the FIR; the only allegation against the present applicant is that he was trying to have affair with the daughter of the informant and when the informant made complaint of the applicant to his family members, they instead of restraining the applicant for not doing the aforesaid act, they abused the daughter of the complainant, resultant thereof, she committed suicide in the field of the present applicant, therefore, it appears that there is no overt act on the part of the applicant to instigate or abet the victim 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. Accordingly, the bail application is allowed. Let applicant- Malkhe 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. Order Date :- 21.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench