2026:UHC:3658 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 No.2295 of 2025 Hon ’ble Alok Mah r a, J. Mr. P.S. Dhami, Mr. Vikas Anand, Mrs. Gyan Mati Kushwaha and Mr. Amit Satyawali, Advocates for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.156 of 2025, under Sections 108 and 308(2) of B.N.S., 2023, registered at Police Station Khatima, District Udham Singh Nagar. 3. An F.I.R. was lodged by the brother of the deceased alleging that the deceased committed suicide on account of harassment and victimization by the applicant in relation to repayment of certain money allegedly advanced by the applicant to the deceased as a loan. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; he has no criminal antecedents and is in judicial custody since 25.05.2025. It is contended that neither any complaint was lodged with the Police immediately after the death of the deceased nor was any inquest or post-mortem examination conducted, and the funeral rites were performed without informing the Police authorities. It is further submitted that the charge sheet has been filed merely on the basis of the oral statements of the complainant and wife of the deceased, along with the bank statement showing 2026:UHC:3658 transfer of an amount of ₹40,000/ - by the applicant to the deceased by way of loan. Learned counsel further submits that the F.I.R. is highly belated, having been lodged after an unexplained delay of six days from the alleged incident, which creates serious doubt regarding the prosecution story. It is also submitted that the amount in question was only a friendly loan advanced by the applicant and there is no material to indicate any unlawful demand, coercion, or persistent harassment on the part of the applicant. It is additionally argued that the deceased was suffering from personal and matrimonial discord and used to harbor suspicion regarding the character of his wife. In support of the said contention, learned counsel has referred to WhatsApp chats exchanged between the deceased and the applicant, which prima facie indicate the disturbed mental condition of the deceased. He further submits that, in the event the applicant is enlarged on bail, he shall neither misuse the liberty so granted nor attempt to influence the prosecution witnesses, and shall fully cooperate with the trial proceedings. The applicant undertakes to furnish reliable sureties and comply with all such terms and conditions as may be imposed by the Court concerned. 5. Learned State Counsel vehemently opposed the bail application. 6. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material available on record, this Court finds that, at this stage, there appears to be no cogent material indicating any direct or proximate act on the part of the 2026:UHC:3658 applicant amounting to instigation, intentional aid, or active participation so as to attract the ingredients of the offence of abetment of suicide under Section 108 of the B.N.S. Mere advancement of a loan or demand for repayment thereof, in the absence of any positive act of incitement or mens rea, would not prima facie constitute abetment to suicide. It is also noteworthy that neither was the deceased taken to any hospital nor was any inquest or post-mortem examination conducted to ascertain the exact cause and circumstances of death. The prosecution case, therefore, presently rests primarily upon delayed allegations and oral statements, which are matters to be tested during trial. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 8. Let the applicant-Deepak Bora @ Dilip Singh Bora be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 13.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D45 4C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.13 18:15:49 +05'30'