HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33415 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma,, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 81 of 2026, under Section 108 B.N.S., Police Station- Dauki, District- Agra during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 25.4.2026, whereas the first information report was lodged on 30.4.2026 under Section 103(1) B.N.S. The delay in lodging the first information report is fatal to the prosecution case. During the course of investigation, the case was converted under Section 108 B.N.S. 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 statements of independent witnesses namely, Irfan, Siyaram, Mohar Pal Singh and Sani 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. Mere allegations that the Wagon-R vehicle of the deceased was hit by a Vikram Auto, and that the deceased thereafter was involved in a fight, in absence of any positive act of instigation, intentional aid, on the part of the applicant would not constitute the offence of abetment to suicide In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Versus Counsel for Applicant(s) : Akhilendra Yadav, Jai Prakash Shukla, Vishal Srivastava Counsel for Opposite Party(s) : G.A. Omkar Verma .....Applicant(s) State of U.P. .....Opposite Party(s) 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. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant has been implicated only on the basis of suspicion. The applicant is in jail since 2.7.2026 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. 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 the first information report has been lodged belatedly. As per the postmortem report, cause of death is asphyxia due to antemortem hanging. 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 statements of independent witnesses namely, Irfan, Siyaram, Mohar Pal Singh and Sani 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. At this stage, there is no corroborative evidence to link the applicant with the offence. There is no direct act attributable to the applicant that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. The applicant has no criminal antecedents. The applicant has presently remained confined for more than two 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 intimidate the witness, 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, Omkar Verma 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 BAIL No. 33415 of 2026 2 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 21, 2026 S.S. BAIL No. 33415 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad