HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32617 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants, Sri N.K. Sharma, learned A.G.A. for the State and Sri Ashutosh Singh, counsel for the informant. Perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 215 of 2026, under Sections 351(3), 352, 108 B.N.S., Police Station- Kotwali Nagar, District- Muzaffar Nagar during pendency of the trial. 3. Counsel for the applicants submits that the applicant no.1 is the wife and applicant no.2 is the mother-in-law of the deceased and has been falsely implicated in the present case. As per the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of case diary. 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 against the applicants. Mere allegations of extending threats, insults or harassment, in absence of any positive act of instigation, intentional aid, compelling the deceased to commit suicide, do not constitute the offence of abetment to suicide. In support of his submission, counsel for the applicants has placed reliance on the judgements 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 other (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.8.2025. The applicants are in jail since 13.5.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case he is enlarged on bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Dharmendra Pratap Singh Counsel for Opposite Party(s) : G.A. Payal And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. for the State and 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 postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of case diary. 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 against the applicants. There is no direct act attributable to the applicants that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. The applicants have no criminal antecedents. The applicants has presently remained confined for more than four 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 applicants, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants, Payal and Urmila involved in the aforesaid case be released on bail on their 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 applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants 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 17, 2026 S.S. BAIL No. 32617 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad