HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35550 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 347 of 2024, under Section 108 B.N.S., Police Station- Kutubsher, District- Saharanpur during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, cause of death is asphyxia as a result of antemortem drowning. Viscera was preserved and sent for chemical analysis. It is next contended that as per the allegations in the first information report and the suicide note, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. 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 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 other (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.8.2025. Further, identically placed co-accused Shakeel Ahmad Teli has been granted bail by this court vide order dated 23.4.2025 passed in Criminal Misc. Bail Application No. 4465 of 2025. The applicant claims parity. The applicant is in jail since 18.6.2025 having no criminal Versus Counsel for Applicant(s) : Amit Pathak Counsel for Opposite Party(s) : G.A. Mehardeen .....Applicant(s) State of U.P. .....Opposite Party(s) history. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that according to the postmortem report, cause of death is asphyxia as a result of antemortem drowning. Viscera was preserved and sent for chemical analysis. The necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. The applicant has no criminal antecedents. Identically placed co-accused Shakeel Ahmad Teli has been granted bail by this court. Further the applicant has presently remained confined for more than three 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 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, Mehardeen involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 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 14, 2025 S.S. BAIL No. 35550 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad