Ashish Alias Ankit Vs State of U.P.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No.105 of 2025, under Sections 108, 352, 351(3) B.N.S., Police Station- Mau Darwaja, District- Farrukhabad, during the pendency of the trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for forensic analysis. F.S.L. report is still awaited. It is next contended that as per the allegations in the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. 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 Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No.221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and others (Criminal Appeal No.706 of 2017 decided on 21.01.2025 . Investigation has been completed. Charge sheet has been filed. The applicant has no criminal antecedents. The applicant is in jail since 19.4.2025 and in case, he is enlarged on bail, he will not misuse the said liberty.

BAIL No. 31087 of 2025

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dispute the aforesaid submissions from the record.

Having heard counsel for the parties and having perused the record this Court prima facie finds that according to the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for forensic analysis. F.S.L. report is still awaited. As per the allegations in the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. Further, the applicant has no criminal antecedents and has remained confined for more than 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.

Let the applicant Ashish alias Ankit , 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.