HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36347 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Adarsh Srivastava, learned counsel for the applicant and Sri Puneet Kumar Singh, learned AGA for the State-Respondent. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 192 of 2024, under Section 306 IPC, Police Station Masuri, District Ghaziabad, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Geo Varghese vs. State of Rajasthan and another, 2021 SCC OnLine SC 873. The applicant is in jail since 12.07.2024 having no criminal history and in case she is enlarged on bail, she will not misuse the said liberty. It is further submitted that on the similar footing the co-accused Jyoti Goswami has been granted bail by the Court vide order dated 09.08.2024 passed in Criminal Misc. Bail Application No. 27571 of 2024, therefore, the applicant is also entitled to be released on bail. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Versus Counsel for Applicant(s) : Adarsh Srivastava, Haya Rizvi, Reena Pal Counsel for Opposite Party(s) : G.A., Rajesh Kumar Mishra Smt Prerna .....Applicant(s) State of U.P. .....Opposite Party(s) Court prima facie finds that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant has no criminal antecedents. The applicant is a lady and has remained confined since 12.07.2024 and after submission of the charge-sheet 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. 6. Let the applicant, Smt. Prerna, involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she: (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. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 16, 2025 pks BAIL No. 36347 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad