HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34619 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 325 of 2026, under Section 108 B.N.S., Police Station- Cantt, District- Bareilly during pendency of the trial. 3. Counsel for the applicant submits that the applicant is the sister-in-law of the deceased and has been falsely implicated in the present case. The incident is alleged to have occurred on 30.6.2026, whereas the first information report was lodged on 3.7.2026. The delay in lodging the first information report is fatal to the prosecution case. As per the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of case diary. Further, as per the allegations in the first information report, the alleged suicide note 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 assault or harassment, in absence Versus Counsel for Applicant(s) : Kinshuk Shukla, Utkarsha Shukla Counsel for Opposite Party(s) : G.A. Reena .....Applicant(s) State of U.P. .....Opposite Party(s) 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 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 applicant is in jail since 4.7.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case she is enlarged on bail, she will not misuse the said liberty. 4. Learned Brief Holder for the State 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. As per the allegations in the first information report, the alleged suicide note 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. The applicant is a lady and has no criminal antecedents. 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 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, Reena involved in the aforesaid case be released on bail on her furnishing a personal bond and two BAIL No. 34619 of 2026 2 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; 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 29, 2026 S.S. BAIL No. 34619 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad