Neutral Citation No. - 2025:AHC:29253 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1576 of 2025 Applicant :- Mohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.273 of 2021, under section 306 I.P.C., P.S. Najibabad, District Bijnor. 3. Counsel for the applicant submits that the applicant is a police constable and has been falsely implicated in the instant case. The incident is alleged to have occurred on 26.5.2024. The first information report was lodged on 3.6.2021. The delay is fatal to the prosecution case. It is next contended that 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. In support of his arguments, counsel, for the applicant has relied upon the judgement of the Hon'ble Supreme Court in the case of Geo Varghese vs. State of Rajasthan and another, 2021 SCC OnLine SC 873 and Kanchan Sharma vs. State of Uttar Pradesh and Anr., arising out of S.L.P. (Crl.) No. 7554 of 2019. Further, the co-accused Dolly @ Vandana Rajput and Neha Singh have been granted anticipatory bail till conclusion of trial by this court vide orders dated 19.4.2023 and 13.9.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 4382 of 2023 and 10253 of 2023. The case of the applicant stands on better footing to that of other co-accused. The applicant has been summoned on the protest petition. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that there is delay in lodging of the first information report, the fact that the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out, the fact that the co-accused Dolly @ Vandana Rajput and Neha Singh have been granted anticipatory bail till conclusion of trial by this court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Mohit Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 3.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad