HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26702 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Ms. Sindhuja Rathi Bhargava, counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 122 of 2024, under Section 108 of BNS, 2023, Police Station Musanagar, District Kanpur Dehat. 3. Counsel for the applicant submitted that the applicant was not named in the FIR, wherein allegation has been made that the deceased was blackmailed through mobile numbers bearing numbers 7084610023 and 9198384912. Suicide note was also recovered on the date of committing of suicide by the deceased i.e. 06.12.2024, wherein it was simply mentioned that person who is having two mobile numbers mentioned in the FIR is responsible for his death. However, in the suicide note, no allegation or nature of blackmail was not mentioned. Counsel for the applicant submitted that during investigation, no whatsapp chat was recovered. There is nothing on record showing actually in what manner, the applicant blackmailed the deceased. In support of her contention, the counsel for the applicant has placed reliance upon a judgment of the Apex Court in Abhinav Mohan Delkar v. State of Maharashtra (2025), reported in 2025 INSC 990, wherein it was observed by the Apex Court that there has to be a proximate prior act to clearly find that the suicide was the direct consequence of such continuous harassment, and mere simple showing harassment is not sufficient to attract the provision of Section 306 I.P.C. (108 BNS). It is Versus Counsel for Applicant(s) : Lal Mani Singh, Praveen Kumar Singh, Sindhuja Rathi Bhargava Counsel for Opposite Party(s) : G.A. Shailendra .....Applicant(s) State of U.P. .....Opposite Party(s) further submitted that all the fact witnesses have been examined, therefore, there is no chance of tempering with the witnesses or evidence. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 26.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account that there is no material on record showing the nature of harassment allegedly caused by the applicant to the deceased; and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6. Let the applicant- Shailendra involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 26702 of 2025 2 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. October 7, 2026 CS/- BAIL No. 26702 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad