Subhash Chandra v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33301 of 2026

Subhash Chandra	.....Applicant(s)
	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ram Suphal Shukla, Shivendra Shukla : G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. Perused the record.

1. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.128 of 2026, under Section 108 B.N.S., Police Station- Charwa, District- Kaushambi, during pendency of the trial.

1. Counsel for the applicant contends that the applicant is the husband of the deceased and has been falsely implicated in the present case. According to the postmortem report, cause of death is asphyxia due to ante mortem hanging. Further, as per the allegations in the first information report 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 assault, hurling abuses or harassment, in the absence of any positive act of instigation, intentional aid on the part of the applicant, 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 29.05.2026 having no criminal antecedents and in case, he is enlarged on bail, he will not misuse the liberty of bail.