HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34816 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants 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 applicants on bail in Case Crime No. 130 of 2026, under Section 108 B.N.S., Police Station Lal Kurti, District Meerut during the pendency of the trial. 3. Learned counsel for the applicants submits that the applicants are the brothers-in-law of the deceased and have been falsely implicated in the present case. The incident is alleged to have occurred on 16.02.2026, whereas the first information report was lodged on 22.07.2026. Inordinate delay in lodging the first information report is fatal to the prosecution case. According to the postmortem report, the cause of death is asphyxia due to ante mortem hanging. Further, as per the allegations in the first information report, the alleged video recording 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. The applicants, in no manner, abetted the commission of suicide by the deceased. Mere allegations of hurling abuses, extending threats 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 Versus Counsel for Applicant(s) : Alka Upadhyay, Manish Tiwari, Yogesh Sharma Counsel for Opposite Party(s) : G.A. Dharmendra And Another .....Applicant(s) State of U.P. .....Opposite Party(s) offence of abetment to suicide. In support of his submission, learned counsel for the applicants 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 Appeal Nos. 2177-2185 of 2024, decided on 18.08.2025. Investigation has been completed and the charge-sheet has been submitted. The applicants have no criminal antecedents. The applicants are in jail since 25.07.2026 and if they are released on bail, they 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. According to the postmortem report, the cause of death is asphyxia due to ante mortem hanging. As per the allegations in the first information report, the alleged video recording 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 applicants that could be construed as instigation, conspiracy or intentional aid to the commission of suicide. Moreover, the applicants have remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, 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- Dharmendra and Durgadeen @ Ghasita, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the BAIL No. 34816 of 2026 2 conditions that they: (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 30, 2026 SKT/- BAIL No. 34816 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad