HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29393 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Abhishek Mishra, learned counsel for the informant and Sri V. P. Tripathi, learned AGA for the State- opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 0008 of 2025, under Section 108 B.N.S., Police Station- Puramufati, District- Prayagraj, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 18.10.2024. On the same date, the informant submitted an application to the concerned police station that her husband had committed suicide. The said application does not contain any allegation against the applicant. Subsequently, an application under Section 175(4) B.N.S.S. was filed before the concerned Court on 09.12.2024 for registration of first information report against the applicant. The first information report was lodged on 17.01.2025. The delay in filing the application under Section 175(4) B.N.S.S. is fatal to the prosecution case. As per the post mortem report, the cause of death is asphyxia due to ante mortem hanging. Further, as per the allegations in the first information report, statements of witnesses namely, Dilip Raidas and Prakash Raidas and the material collected during the course of investigation, the essential ingredients to constitute the offence under Section 108 B.N.S. are not made out. Mere allegations of demand of money or harassment, in the absence of any positive act of instigation, intentional aid, on the part of the applicant, would not constitute the offence of abetment of suicide. In support of his submission, counsel for the applicant has placed reliance on Versus Counsel for Applicant(s) : Vishwambhar Nath Counsel for Opposite Party(s) : Abhishek Mishra, G.A., Vijay Kumar Mishra Sunil Mishra @ Udit Narayan .....Applicant(s) State of U.P. .....Opposite Party(s) the judgement 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 others (Criminal Appeal Nos.2177-2185 of 2024) decided on 18.08.2025. Criminal history of the applicant has been explained in paragraph no.2 of the supplementary affidavit. The applicant is in jail since 22.07.2026 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA for the State and learned 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 there is delay in filing the application under Section 175(4) BNSS. As per the allegations in the first information report, statements of witnesses namely, Dilip Raidas and Prakash Raidas and the material collected during investigation, the essential ingredients to constitute the offence under Section 108 B.N.S. are not made out. Moreover, the applicant has 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 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, Sunil Mishra @ Udit Narayan, involved in the aforesaid case crime be released on bail on 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; (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. September 29, 2026 Abhishek BAIL No. 29393 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad