HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35738 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Raja Ram Pal, Advocate, holding brief of Sri Rakesh Kumar Verma, counsel for the informant and Sri V.P. Tripathi, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 96 of 2024, under Sections 74 and 108 B.N.S., Police Station- Dauki, District- Agra, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 21.07.2024. The first information report was lodged on 28.07.2024. The delay is fatal to the prosecution case. According to the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical and toxicological examination. F.S.L. report is still awaited. As per the allegations in the first information report and the material collected during the course of investigation, 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 judgement of the Hon'ble Supreme Court in the cases of Nipun Aneja and others vs. State of Uttar Pradesh (Criminal Appeal No.654 of 2017) decided on 03.10.2024 and Abhinav Mohan Delkar vs. The State of Maharashtra and others (Criminal Appeal Nos.2177-2185 of 2024) decided on 18.08.2025. Investigation has been completed. Charge sheet has been filed. It is contended that identically placed co-accused Anshu @ Aakash and Dhanpal have been granted bail by this Court vide orders dated 05.03.2025 and Versus Counsel for Applicant(s) : Ajay Kumar Sharma, Atul Sharma Counsel for Opposite Party(s) : G.A., Rakesh Kumar Verma Manoj Kumar Upadhyay .....Applicant(s) State of U.P. .....Opposite Party(s) 07.05.2025 passed in Criminal Misc. Bail Application Nos.36128 of 2024 and 12293 of 2025 respectively. Applicant claims parity. The applicant has no criminal antecedents. The applicant is in jail since 20.9.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have 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 Court prima facie finds that the first information report was lodged belatedly; as per the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out and identically placed co-accused Anshu @ Aakash and Dhanpal have been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than one 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Manoj Kumar Upadhyay, involved in the aforesaid case crime be released on bail on 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; (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. October 29, 2025 Manish Kr BAIL No. 35738 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad