HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32424 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 270 of 2025, under Sections 85, 108, 352 B.N.S. and 3/4 Dowry Prohibition Act, Police Station Patherwa, District Kushinagar during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is the mother- in-law (Saas) of the deceased and has been falsely implicated in the present case. The incident is alleged to have occurred on 11.10.2025. The first information report was lodged on 13.10.2025. The delay in lodging the first information report is fatal to the prosecution case. The deceased was married to the son of the applicant on 20.05.2018. As per the postmortem report, the cause of death is asphyxia as a result of ante mortem hanging. Further, as per the allegations in the first information report 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 demand of dowry or harassment in 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. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the cases of Nipun Aneja and others v. State of Uttar Pradesh, Criminal Appeal No. 654 of 2017, decided on 03.10.2024, and Abhinav Mohan Delkar v. The State of Maharashtra and others, Criminal Versus Counsel for Applicant(s) : Monu Upadhyay Counsel for Opposite Party(s) : G.A. Shanti Devi .....Applicant(s) State of U.P. .....Opposite Party(s) Appeal Nos. 2177-2185 of 2024, decided on 18.08.2025. It is further contended that the deceased was not subjected to cruelty by the applicant. Investigation has been completed and the charge-sheet has been submitted. The applicant has no criminal antecedents. The applicant is in jail since 02.8.2026 and if she is released on bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. As per the allegations in the first information report 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, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Shanti Devi, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and, (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 Manish Kr BAIL No. 32424 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad