Paras v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33253 of 2026

Paras

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Mukul Yadav, Rajesh Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

1. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0035 of 2025, under Section 108 B.N.S., Police Station- Chharra, District- Aligarh during pendency of the trial.

1. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the postmortem report, the cause of death could not be ascertained. Viscera was preserved and sent for toxicological and chemical analysis. Viscera report is not part of the case diary. Further, as per the allegations in the first information report, the alleged suicide note, 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 mere allegations contained in the suicide note that the applicant provided poison to the deceased and told him to "go and die", 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 submissions, 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 24.06.2026 having