HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32555 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Mr. V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 50 of 2025, under Sections 108, 115(2), 352 B.N.S., Police Station Basrehar, District Etawah during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is wife of the deceased and has been falsely implicated in the present case. According to the post-mortem report, no external injury was found on the body of the deceased. In the opinion of the doctor, the cause of death could not be ascertained. Hence, viscera was preserved and sent for chemical analysis. It is contended that the FSL report is still awaited. Further, 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. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Mahendra Awase v. The State of Madhya Versus Counsel for Applicant(s) : Sanjay Mishra Counsel for Opposite Party(s) : G.A. Laxmi .....Applicant(s) State of U.P. .....Opposite Party(s) Pradesh, Criminal Appeal No. 221 of 2025, dated 17.01.2025, and Laxmi Das v. The State of West Bengal and others, Criminal Appeal No. 706 of 2017, dated 21.01.2025. Further, co-accused Vimla Devi, the mother in-law of the deceased, has been granted bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No. 31443 of 2025, Vimla Devi v. State of U.P. Investigation has been completed and the charge-sheet has been submitted. The applicant is a lady and has no criminal antecedents. The applicant is in jail since 01.07.2025 and if she is released on bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that according to the post-mortem report, no external injury was found on the body of the deceased, in the opinion of the doctor, the cause of death could not be ascertained hence, viscera was preserved and sent for chemical analysis; FSL report is awaited, and, 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. Co-accused Vimla Devi, the mother in-law of the deceased, has been granted bail by this Court. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Laxmi, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two BAIL No. 32555 of 2025 2 sureties each in the like amount to the satisfaction of 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. October 13, 2025 SKT/- BAIL No. 32555 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad