HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29090 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Manoj Gautam, learned A.G.A. for the State and Sri Kshitij Tiwari, counsel for the informant. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 225 of 2026, under Section 108 B.N.S., Police Station- Alinagar, District- Chandauli during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Initially, the first information report was lodged under Section 125 B.N.S. and 3/4 D.P. Act. During the course of investigation, the aforesaid sections were deleted and case was converted under Section 108 B.N.S. It is next contended that the marriage of the applicant's son with the informant's daughter was fixed for 28.4.2026. However, due to unavoidable circumstances, the family members of the applicant decided to cancel the marriage. The applicant did not demand any dowry from the informant. Further, as per the allegations in the first information report, alleged suicide note, video recording 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 naming a person in the suicide note or making allegations against such persons in a video recording, 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 Versus Counsel for Applicant(s) : Jitendra Singh, Sunil Kumar Pandey Counsel for Opposite Party(s) : Amit Shukla, G.A., Kshitij Tiwari Baleshwar Ram .....Applicant(s) State of U.P. .....Opposite Party(s) submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the 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. The case of the applicant is distinguishable from that of co- accused Vijay Prakash. The applicant is in jail since 9.7.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. 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 as per the allegations in the first information report, alleged suicide note, video recording 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 applicant that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. The applicant has no criminal antecedents. The applicant has presently remained confined for more than two months 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 applicant, 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 applicant is entitled to be enlarged on bail. 6. Let the applicant, Baleshwar Ram involved in the aforesaid case be released on bail on his 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 applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; BAIL No. 29090 of 2026 2 iii. the applicant shall appear on each and every date fixed by the trial court. 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. 29090 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad