HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33230 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Copy of the postmortem report produced by learned AGA, is taken on record. 2. Supplementary affidavit filed by the counsel for the applicant, is also taken on record. 3. Heard learned counsel for the applicant, Sri Dushyant Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State- respondent. 4. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 296 of 2025, under Section 108 BNS, Police Station Karhal, District Mainpuri, during the pendency of trial. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, the cause of death is asphyxia as a result of ante mortem hanging. Viscera was preserved. FSL report of viscera is still awaited. As per the allegations, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on Versus Counsel for Applicant(s) : Kuldeep Singh Sekera Counsel for Opposite Party(s) : Dushyant Singh, G.A., M.C. Singh Sanjeev @ Lauaa .....Applicant(s) State of U.P. .....Opposite Party(s) 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicant is in jail since 23.07.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 6. Learned AGA and the counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Sanjeev @ Lauaa, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 9, 2025 Lbm/- BAIL No. 33230 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad