HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32387 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Richesh Mishra, learned counsel for the informant and Sri V.P. Triapathi, learned AGA for the State. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 300 of 2026, under Section 108 of Bhartiya Nyaya Sanhita, 2023, Police Station Gorakhnath, District Gorakhpur, during the pendency of the trial. 3. Learned counsel for the applicant contends that the applicant is the sister of the second wife of the deceased and has been falsely implicated in the present case. According to the post mortem report, the cause of death is asphyxia due to antemortem injury (hanging). Further, as per the first information report, the alleged suicide note 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. Mere allegations of harassment or the naming of a person in a suicide note, in the absence of any positive act of instigation, intentional aid, or proximate conduct compelling the deceased to commit suicide, do not constitute the offence of abetment to suicide. In support of his submissions, counsel for the applicant has placed reliance on the judgement 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 others (Criminal Appeal Nos.2177-2185 of 2024) decided on 18.08.2025. The applicant is in jail since 10.08.2026 having no criminal history and in Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A., Raja Sahani, Richesh Mishra Kamlesh Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) case, she is enlarged on bail, she will not misuse the said liberty. 4. Learned AGA for the state and learned counsel for the informant have 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 as per the allegations in the first information report, the alleged suicide note 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 proximate or 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 more than a 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Kamlesh Chauhan, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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; (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 11, 2026 Abhishek BAIL No. 32387 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad