HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26917 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and Dr. A.P. Singh, Advocate holding brief of Sri Akash Balmik, counsel for the informant. Perused the material placed on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 122 of 2025, under Section 108 B.N.S., Police Station- Sadar Bazar, District- Agra during pendency of the trial. 3. Counsel for the applicant submits that the applicant is the wife of the deceased and has been falsely implicated in the present case. According to the postmortem report, cause of death is asphyxia as a result of antemortem hanging. It is next contended that 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 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 Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. Further, identically placed co-accused Smt. Poonam Sharma and Nripendra Kumar have been granted bail by this Court vide orders dated 19.5.2025 and Versus Counsel for Applicant(s) : Shashi Kant Shukla, Shekhar Mishra Counsel for Opposite Party(s) : Akash Balmik, G.A. Niketa Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 7.7.2025 passed in Criminal Misc. Bail Application Nos. 16032 of 2025 and 19010 of 2025. Charge-sheet has been filed. The applicant is a lady and has no criminal history. The applicant is in jail since 5.4.2025. In case she is enlarged on bail, she will not misuse the said liberty. 4. Learned A.G.A. for the State 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 according to the postmortem report, cause of death is asphyxia as a result of antemortem hanging. The necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. Identically placed co-accused Smt. Poonam Sharma and Nripendra Kumar have been granted bail by this Court. Further the applicant has presently remained confined for more than six 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, Niketa Sharma involved in the aforesaid case be released on bail on her 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 9, 2025 S.S. BAIL No. 26917 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad