HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34798 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 194 of 2026, under Section 108 B.N.S., Police Station Friends Colony, District Etawah during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is the wife of the deceased and has been falsely implicated in the present case. According to the postmortem report, the cause of death is asphyxia due to ante mortem hanging. Further, as per the allegations in the first information report, the alleged video recording 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. The applicant, in no manner, abetted the commission of suicide by the deceased. Mere allegations of harassment or hurling abuses, as evident from the alleged video recording, in absence of any positive act of instigation, intentional aid, compelling the deceased to commit suicide, would not constitute the offence of abetment to suicide. In support of his submission, learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the cases of Nipun Aneja and others v. State of Uttar Pradesh, Criminal Appeal No. 654 of 2017, decided on 03.10.2024, and Abhinav Mohan Delkar v. The State of Maharashtra and others, Criminal Appeal Nos. 2177-2185 of 2024, decided on 18.08.2025. Investigation has been completed and the charge- Versus Counsel for Applicant(s) : Jitendra Kumar, Keshav Hari Dixit, Purushottam Dixit Counsel for Opposite Party(s) : G.A. Khushboo .....Applicant(s) State of U.P. .....Opposite Party(s) sheet has been submitted. The applicant has no criminal antecedents. The applicant is in jail since 29.07.2026 and if she is released on bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that according to the postmortem report, the cause of death is asphyxia due to ante mortem hanging. As per the allegations in the first information report, the alleged video recording 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. There is no direct act attributable to the applicant that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. Moreover, the applicant is a lady and has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Khushboo, 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 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. September 30, 2026 SKT/- BAIL No. 34798 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad