. HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28306 of 2025 . Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer, Sri Dinesh Kumar Singh, learned counsel for the informant and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0096 of 2025, under Sections 108, 351(1), 126(1), 78(1) B.N.S., Police Station Narahat, District Lalitpur, during the pendency of trial. 4. As per prosecution story, the applicant along with three other co-accused persons have threatened the deceased person to withdraw the case instituted earlier on and thereby the deceased has committed suicide on 02.06.2025 at about 5.30 PM and written a suicide note. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR has been delayed by eight hours and there is no explanation of the said delay caused. There was a suicide note left by the deceased person, although she has nominated the applicant, but the earlier FIR has been instituted against co-accused persons namely, Indrapal, Deepu, Vishal and Rohit and as such the applicant is Versus Counsel for Applicant(s) : Nanhe Lal Tripathi Counsel for Opposite Party(s) : Ajay, Dinesh Kumar Singh, G.A. Bhagwandas Alias Bhagunti .....Applicant(s) State of U.P. .....Opposite Party(s) entitled for bail, as his name does not find mentioned in the said FIR. No overt act has been assigned to the applicant and, as such, ingredients of Section 108 BNS are not fulfilled. 6. Learned counsel for the applicant has further stated that even the allegation made in the FIR and the suicide note are considered to be correct, the said averments made in the document does not infer that the applicant had abetted the deceased to commit suicide. Further more, the applicant is not named in the said FIR no. 61 of 2025 instituted earlier on. The applicant is languishing in jail since 05.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant has vehemently opposed the bail application and submitted that the applicant is named in the FIR and in the suicide note and as such, he is not entitled for bail. 8. The Supreme Court in Ude Singh and Ors. vs. State of Haryana, (2019) 17 SCC 301 observed:- "16. In cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behavior and responses/reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case. 16.1. For the purpose of finding out if a person has abetted commission of suicide by another; the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions abovereferred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly BAIL No. 28306 of 2025 2 circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased." 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the ruling of above case law, delay in lodging the FIR and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Bhagwandas Alias Bhagunti who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant BAIL No. 28306 of 2025 3 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 #Vik/- BAIL No. 28306 of 2025 4 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad