HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2212 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Rajesh Maurya, counsel for the informant as well as Sri Neeraj Kumar 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. 287 of 2025, under Sections 108, 92 B.N.S., Police Station- Manjhanpur, District- Kaushambi, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant is mother-in-law of the deceased and has been falsely implicated in the present case. Initially, the first information report was lodged under Sections 85, 80(2) B.N.S. and 3/4 of Dowry Prohibition Act. During investigation, aforesaid sections were deleted and the case was converted under Section 108, 92 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 alleged video recordings, the statements of independent witnesses, namely Smt. Mohini Devi, Smt. Rati Devi, Smt. Benduli Devi 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 hurling abuses or making taunting remarks, in the 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. 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. Versus Counsel for Applicant(s) : Harish Chandra, Ram Chandra Yadav Counsel for Opposite Party(s) : Anoop Kumar Nirmal, G.A., Rajesh Maurya Vimla Devi .....Applicant(s) State of U.P. .....Opposite Party(s) The State of Maharashtra and others (Criminal Appeal Nos.2177-2185 of 2024) decided on 18.08.2025. The applicant is in jail since 24.9.2025 having no criminal antecedents and in case, she is enlarged on bail, she will not misuse the said liberty. 4. Learned AGA 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 allegations in the first information report, the alleged video recordings, the statements of independent witnesses, namely Smt. Mohini Devi, Smt. Rati Devi, Smt. Benduli Devi 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 no criminal antecedents and has remained confined for almost a year 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 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 Vimla Devi, 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 she: (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 Manish Kr BAIL No. 2212 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad