Payal and Another v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32617 of 2026

Payal And Another

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Dharmendra Pratap Singh Counsel for Opposite Party(s) : G.A. Court No. - 64

HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicants, Sri N.K. Sharma, learned A.G.A. for the State and Sri Ashutosh Singh, counsel for the informant. Perused the record.

1. The present bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 215 of 2026, under Sections 351(3), 352, 108 B.N.S., Police Station- Kotwali Nagar, District- Muzaffar Nagar during pendency of the trial.

1. Counsel for the applicants submits that the applicant no.1 is the wife and applicant no.2 is the mother-in-law of the deceased and has been falsely implicated in the present case. As per the postmortem report, cause of death could not be ascertained. Viscera was preserved and sent for chemical analysis. Viscera report is not part of case diary. Further, as per the allegations in the first information report and the material collected during the course of the investigation, the essential ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicants. Mere allegations of extending threats, insults or harassment, in absence of any positive act of instigation, intentional aid, compelling the deceased to commit suicide, do not constitute the offence of abetment to suicide. In support of his submission, counsel for the applicants has placed reliance on the judgements 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 other (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.8.2025 . The applicants are in jail since 13.5.2026 having no criminal history. Investigation has been completed and charge-sheet has been filed. In case he is enlarged on bail, he will not misuse the said liberty.