HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14924 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N. K. Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 12 of 2026, under Section 108 B.N.S., Police Station- Kant, District- Shahjahanpur, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant is the step mother of the deceased and has been falsely implicated in the present case. The incident is alleged to have occurred on 31.12.2025, whereas the first information report was lodged on 10.01.2026. The inordinate delay in lodging the first information report is fatal to the prosecution case. As per the postmortem report, cause of death is asphyxia due to antemortem hanging. Further according to the first information report, the statement of the brother of the deceased namely, Lavkush 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 harassment or assault, in absence of any positive act of instigation, intentional aid, on the part of the applicant, would Versus Counsel for Applicant(s) : Shivam Verma, Sujeet Kumar Yadav, Vijay Bahadur Counsel for Opposite Party(s) : G.A. Vasudha .....Applicant(s) State of U.P. .....Opposite Party(s) 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 Nos.2177-2185 of 2024) decided on 18.08.2025. The applicant is in jail since 25.03.2026 having no criminal antecedents and in case, she is enlarged on bail, she will not misuse the said liberty. 4. Learned A.G.A. for the State has 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 due to antemortem hanging. Further, as per the allegations in the first information report, the statement of the brother of the deceased namely, Lavkush 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 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 five months and after submission of the charge sheet 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, Vasudha involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court BAIL No. 14924 of 2026 2 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. 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. 14924 of 2026 3 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad