HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31723 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State- opposite party. 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.67 of 2023, under Section 306 I.P.C., Police Station Aliganj, District Etah during the pendency of trial. 3. Counsel for the applicant submits that the applicant is the wife of the deceased has been falsely implicated in the present case. The deceased died on 18.12.2021. On 18.12.2021, the informant submitted an application to the Station House Officer, Kotwali Aliganj, District Etah that his son committed suicide. In the said application, there are no allegations against the applicant. On 17.02.2023, the informant filed an application under Section 156(3) Cr.P.C. for registration of the first information report against the applicant. Pursuant thereto, the present prosecution has been instituted. As per the postmortem report, the cause of death was due to asphyxia as a result of ante mortem hanging. As per the allegations, the necessary ingredients to constitute the offence under Section 306 I.P.C. 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 Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Neetu .....Applicant(s) State of U.P. .....Opposite Party(s) State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicant is in jail since 26.08.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA 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 on 18.12.2021, the informant submitted an application to the Station House Officer, Kotwali Aliganj, District Etah that his son committed suicide. In the said application, there are no allegations against the applicant. The necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out. The applicant has no criminal antecedents. She has remained confined for more than one month 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 Neetu, involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she: (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 Radhika BAIL No. 31723 of 2025 2 (Vivek Varma,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad