HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30142 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Samiullah, Advocate holding brief of Sri Umesh Kumar, learned counsel for the informant and Sri N.K. Sharma, learned A.G.A. for the State-opposite party. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 317 of 2026, under Section 108 B.N.S., Police Station- Partapur, District- Meerut during pendency of the trial. 3. Counsel for the applicant submits that the applicant is the father-in-law of the deceased and has been falsely implicated in the present case. The son of the applicant was married to the deceased in the year 2013. 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 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. Mere allegations of insult or harassment, in absence of any positive act of instigation, intentional aid, on the part of the applicant, would not constitute the offence of abetment of suicide. In support of his submission, 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 Versus Counsel for Applicant(s) : Mukesh Chandra Gupta, Shubham Prakash Gupta Counsel for Opposite Party(s) : G.A., Umesh Kumar Saleem .....Applicant(s) State of U.P. .....Opposite Party(s) Nos.2177-2185 of 2024) decided on 18.08.2025. Identically placed co- accused Guddu alias Suleman and Smt. Zayadi have already been granted bail by this Court vide orders dated 27.07.2026 and 21.08.2026 passed in Criminal Misc. Bail Application No.23834 of 2026 and Criminal Misc. Bail Application No.29617 of 2026, respectively. The applicant claims parity. The applicant is in jail since 08.07.2026 having no criminal antecedents and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned counsel for the informant and learned A.G.A. for the State 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 postmortem report, cause of death is asphyxia as a result of antemortem hanging. Further, as per the allegations in the first information report and the material collected during the course of the investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. 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 has remained confined for more than two months 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, Saleem 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. BAIL No. 30142 of 2026 2 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. 30142 of 2026 3 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad