BAIL/39025/2026 of SMT POONAM Vs STATE OF U.P. on 1 November 2026

1. Heard learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. 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. 108 of 2026, under Section 108 B.N.S., Police Station- Linepar, District- Firozabad, during the 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 27.03.2026, whereas the application under Section 173(4) B.N.S.S. was filed on 03.04.2026. The first information report was lodged on 9.5.2026 under Section 103(1) B.N.S. The delay in moving the application under Section 173(4) B.N.S.S. 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 the witnesses, namely, Pankaj, Bani Singh, Harvilas 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 harassment, extending threats or blackmail, in the Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Smt Poonam .....Applicant(s) State of U.P. .....Opposite Party(s)

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. The State of Maharashtra and others (Criminal Appeal Nos.2177-2185 of 2024) decided on 18.08.2025. The applicant is in jail since 10.09.2026 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 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 application under Section 173(4) B.N.S.S. has been preferred belatedly. As per the allegations in the first information report, the statements of the witnesses, namely, Pankaj, Bani Singh, Harvilas 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 has no criminal antecedents and has remained confined for more than one and half month 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- Smt. Poonam, 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 BAIL No. 39025 of 2026

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. November 2, 2026 SKT/- BAIL No. 39025 of 2026

(Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad