HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27649 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants and Sri 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 applicants on bail in Case Crime No. 150 of 2025, under Sections 108, 352 B.N.S., Police Station Lar, District Deoria during the pendency of the trial. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The incident is alleged to have occurred on 03.05.2025. The first information report was lodged on 09.05.2025. The delay is fatal to the prosecution case. As per the post mortem report, the cause of death was asphyxia as a result of ante mortem hanging. 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 applicants, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicants has placed reliance on the judgement of the Apex Court in the case of Mahendra Awase v. The State of Madhya 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. Investigation has been completed and the charge-sheet has been submitted. The applicants have no criminal antecedents. The applicants are in jail since 10.05.2025 and if they are released on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not Versus Counsel for Applicant(s) : Mohd. Afzal, Prakash Sharma Counsel for Opposite Party(s) : G.A. Gautam Prasad And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 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 the first information report was lodged belatedly; as per the post mortem report, the cause of death was asphyxia as a result of ante mortem hanging; 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. Moreover, the applicants have remained confined for almost five 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 applicants, 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 applicants are entitled to be enlarged on bail. 6. Let the applicants- Gautam Prasad, Pramila Devi and Chulbuli Kumari, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (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 8, 2025 SKT/- BAIL No. 27649 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad