HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31678 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Manava Nand Chaurasiya, counsel for the informant and Anupam Anand, learned Brief Holder for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 9 of 2025, under Section 108 BNS, Police Station- Kotwali, District- Ghazipur during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the postmortem report, the cause of death is asphyxia as a result of ante mortem hanging. As per the allegations, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. 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. The applicant is in jail since 20.08.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State as well as the counsel for the informant has opposed the prayer for bail but could not satisfactorily dispute the Versus Counsel for Applicant(s) : Mansi Mishra, Pramod Kumar Counsel for Opposite Party(s) : G.A., Manava Nand Chaurasiya Suraj Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the postmortem report, the cause of death is asphyxia as a result of ante mortem hanging. The necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. Further, the applicant has no criminal antecedents. The applicant has remained confined for about two months and after submission of the charge- sheet 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 delay the trial 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 Suraj Chauhan, involved in the aforesaid case 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 the conditions that he: (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 7, 2025 Prachi BAIL No. 31678 of 2025 2 (Vivek Varma,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad