HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25301 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, the applicant, who is involved in Case Crime No. 462 of 2024, under Section 108 of BNS, police station New Agra, district Agra, seeks enlargement on bail during the pendency of trial. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case after commission of suicide by the deceased Irfan on 25.08.2024. The FIR with regard to the incident dated 25.08.2024 was lodged after an inordinate delay on 01.12.2024. After culmination of investigation, charge sheet has been submitted against the applicant-Shahin, whereas other two accused namely Firoz Khan and Hena Alvi have been exonerated during investigation. After investigation, it is the case of the prosecution that the deceased Irfan committed suicide on account of harassment and torture of the present applicant Shahin, who was working in Spa centre and extracted huge amount from the deceased by blackmailing him. Much emphasis has been given by contending that the investigating officer has recorded the statement of three persons namely Ashok Sharma, Rashid and Shameem wherein they have stated inter alia that on account of harassment of the applicant Shahin, deceased- Irfan committed suicide by consuming acid. It is contended that there Versus Counsel for Applicant(s) : Mukesh Kumar Pandey, Prem Narayan Singh Counsel for Opposite Party(s) : A.Z.Khan, G.A., Mohammad Asif Smt. Shahin .....Applicant(s) State of U.P. .....Opposite Party(s) is no evidence of abetment or instigation on the part of the applicant compelling the deceased to commit suicide and except bald allegations made by the aforesaid three persons after three and a half months of the incident. Hence, the applicant, who has no criminal history to her credit and is languishing in jail since 28.05.2025 may be enlarged on bail. It is also submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Due to heavy docket, the possibility of conclusion of trial in near future is very bleak. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant in the light of the first information report as well as statements of Ashok Sharma, Rashid and Shameem, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard the submissions of the learned counsel for the parties and going through the record of the case, I find that basic ingredients of abetment and instigation to constitute the offence of suicide are prima facie lacking in the present case as there is no eyewitness of the alleged conversation of the applicant with the deceased. Keeping in view the nature of the offence, evidence, severity of punishment, complicity of the applicant and submissions of the learned counsel for the parties as noted above, this Court is of the opinion that the applicant has made out a prima facie case for bail. Accordingly, the bail application of the applicant stands allowed. Let the applicant Smt. Shahin, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly involve in any criminal activity. In case of breach of above conditions by the applicant, it will be open BAIL No. 25301 of 2025 2 for the prosecution to move bail cancellation application before the Court concerned. September 25, 2025 Ishrat BAIL No. 25301 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad