HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31765 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and 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. 0052 of 2026, under Section 107 B.N.S., Police Station- Karanda, District- Ghazipur, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred in the intervening night of 14/15.04.2026, whereas the first information report was lodged on 19.04.2026 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 Section 103(1) B.N.S. was deleted and the case was converted under Section 107 B.N.S. As per the post mortem report, the cause of death is asphyxia due to ante mortem drowning. Further, as per the allegations in the first information report, statements of the witnesses namely, Mrityunjay Singh, Direndra Kumar Singh and the material collected during the course of investigation, the essential ingredients to constitute the offence under Section 107 B.N.S. are not made out. The mere allegation that the applicant was involved in a love affair with the deceased and used to converse with her over the mobile, in the absence of any positive act of instigation, intentional aid, or compelling the deceased to commit suicide, do not constitute the offence of abetment to suicide. The applicant is in jail since 19.04.2026 having no criminal history and in case, he is enlarged on bail, he Versus Counsel for Applicant(s) : Deepak Kumar Pandey Counsel for Opposite Party(s) : G.A. Hariom Pandey .....Applicant(s) State of U.P. .....Opposite Party(s) will not misuse the liberty of bail. 4. Learned AGA 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 the first information report has been lodged belatedly. As per the allegations in the first information report, statements of the witnesses namely, Mrityunjay Singh, Direndra Kumar Singh and the material collected during the course of investigation, the essential ingredients to constitute the offence under Section 107 B.N.S. are not made out. 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 almost 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 Hariom Pandey, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (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 23, 2026 Abhishek BAIL No. 31765 of 2026 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad