HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11566 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Copy of the postmortem report, produced by Sri Nagendra Kumar Mishra, learned Brief Holder for the State, is taken on record. 2. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State. Perused the record. 3. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 169 of 2025, under Sections 351(2), 108 B.N.S., Police Station- Sukhapura, District- Ballia during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the postmortem report, cause of death is asphyxia as a result of antemortem hanging. Further, as per the allegations in the first information report, statements of the witnesses namely Ravindar, Rajesh Surendra Rajbhar, Lallan Paswan, Bachcha Lal Rai 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, in Versus Counsel for Applicant(s) : Akhilendra Choubey Counsel for Opposite Party(s) : G.A. Ram Ji Gond .....Applicant(s) State of U.P. and Another .....Opposite Party(s) no manner, abetted the commission of suicide by the deceased. The prosecution case, as it stands, does not disclose the mens rea or proximate act required to attract the said provision. 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 26.2.2026 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. 5. Learned AGA for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that according to the postmortem report, cause of death is asphyxia as a result of antemortem hanging. As per the allegations in the first information report, statements of the witnesses 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 proximate or 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 one 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 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. BAIL No. 11566 of 2026 2 7. Let the applicant, Ram Ji Gond 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; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 20, 2026 S.S. BAIL No. 11566 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad