HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26948 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 perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 84 of 2025, under Sections 85, 108 B.N.S., Police Station- Ahirauli Bazar, District- Kushinagar during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is the brother-in-law (Devar) of the deceased. The incident is alleged to have occurred on 1.3.2025. The first information report was lodged on 18.3.2025. The delay is fatal to the prosecution case. In the statement of the informant under Section 180 B.N.S.S., specific allegation has been levelled against the husband of the deceased. According to the postmortem report, cause of death is ashphexia as a result of antemortem hanging. It is contended that the deceased was not subjected to any cruelty for demand of dowry. 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 Versus Counsel for Applicant(s) : Pramod Kumar Sahani Counsel for Opposite Party(s) : G.A. Pawan Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 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, the husband of the deceased namely, Satyanarayan Yadav has been granted bail by this Court vide order dated 23.6.2025 passed in Criminal Misc. Bail Application No. 20643 of 2025. Charge-sheet has been filed. The applicant has no criminal history and is in jail since 26.5.2025. In case he is enlarged on bail, he 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 counsel for the parties and having perused the record, this Court prima facie finds that the delay in lodging the first information report is fatal to the prosecution case. In the statement of the informant under Section 180 B.N.S.S., specific allegation has been levelled against the husband of the deceased. According to the postmortem report, cause of death is ashphexia 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. The husband of the deceased namely, Satyanarayan Yadav has been granted bail by this Court. The applicant has no criminal antecedent. Further, the applicant has presently remained confined for more than four 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 applicants, 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, Pawan Yadav involved in the aforesaid case be released on bail on their 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 BAIL No. 26948 of 2025 2 at liberty to move bail cancellation application before this Court. October 9, 2025 S.S. BAIL No. 26948 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad