HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32691 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants, Sri Anupam Anand, learned Brief Holder for the State and Sri Saurabh Dwivedi, Advocate holding brief of Sri Dinesh Kumar Singh, counsel for the informant. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 0208 of 2025, under Sections 108, 85, 115(2), 352, 351(2) B.N.S., and 3 & 4 D.P. Act, 1961, Police Station- Pannuganj, District- Sonbhadra, during pendency of the trial. 3. Counsel for the applicants submits that the applicant no.1 is father-in-law and applicant no.2 is mother-in-law of the deceased and have been falsely implicated in the present case. The incident is alleged to have occurred on 11.11.2025. The first information report was lodged on 26.11.2025. The delay in lodging the first information report is fatal to the prosecution case. The deceased was married to the co-accused Lallu Tiwari in the year 2010. According to the postmortem report, cause of death is Asphexia as a result of antemortem hanging. As per the allegations in the first information report and the material collected during the course of the investigation, the essential ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. Mere allegations of demand of dowry, assault or harassment, in absence of any positive act of instigation, intentional aid, on the part of the applicant, would not by themselves constitute the offence of abetment to suicide. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the Versus Counsel for Applicant(s) : Nitish Ranjan Rajauria, Ram Autar Verma, Yogesh Kumar Verma Counsel for Opposite Party(s) : Dinesh Kumar Singh, G.A., Vimal Tripathi Rameshwar Tiwari And Another .....Applicant(s) State of U.P. .....Opposite Party(s) cases of Nipun Aneja and others vs. State of Uttar Pradesh (Criminal Appeal No. 654 of 2017) decided on 03.10.2024 and Abhinav Mohan Delkar vs. The State of Maharashtra and other (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.8.2025. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicants are in jail since 21.8.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case they are enlarged on bail, they will not misuse the said liberty. 4. Learned Brief Holder for the State and counsel for the informant have 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 first information report has been lodged belatedly. According to the postmortem report, cause of death is Asphexia as a result of antemortem hanging. As per the allegations in the first information report and the material collected during the course of the investigation, the essential ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. There is no direct act attributable to the applicants that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. The applicants have no criminal antecedents. Further the applicants have presently remained confined for more than a month 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 applicants are entitled to be enlarged on bail. 6. Let the applicants, Rameshwar Tiwari and Saroj @ Sarojani Devi 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 applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants shall appear on each and every date fixed by the trial court. BAIL No. 32691 of 2026 2 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. September 28, 2026 S.S. BAIL No. 32691 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad