Allahabad High Court

DHARMENDRA AND ANOTHERversusSTATE OF U.P.

Decided: 29 September 2026
Bench: VIVEK VARMA

Holding

The applicants are entitled to bail as the prosecution has not established the essential ingredients of abetment to suicide and there is no material risk of interference with the trial.

Summary

The Allahabad High Court considered a bail application filed by Dharmendra and Durgadeen, brothers‑in‑law of a deceased, in Criminal Case No. 130 of 2026 under Section 108 of the B.N.S. Act. The applicants contended that they were falsely implicated, pointing out a five‑month delay between the alleged suicide on 16‑02‑2026 and the filing of the FIR on 22‑07‑2026, and argued that the post‑mortem report showing ante‑mortem hanging and the lack of a video or other material failed to establish the elements of abetment to suicide. The State opposed bail but could not demonstrate any proximate act of instigation, conspiracy, or risk of evidence tampering or witness intimidation. The court held that the FIR delay and the absence of essential ingredients of the offence, coupled with the applicants’ clean record and prolonged pre‑trial detention, warranted the grant of bail. Accordingly, the court ordered the release of the applicants on personal bond and two sureties each, subject to conditions of appearance, non‑tampering with evidence, and non‑pressurisation of witnesses.

Issues considered

Whether the delay in lodging the FIR defeats the prosecution’s case under Section 108 B.N.S.
Whether the facts alleged constitute the offence of abetment to suicide under Section 108 B.N.S.
Whether the applicants pose a risk of tampering with evidence, influencing witnesses, or delaying the trial if released on bail

Legislation cited

B.N.S. Act — s. 108

Subjects

bail
abetment to suicide
Section 108
FIR delay
post‑mortem report
evidence tampering
witness intimidation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34816 of
2026

Dharmendra And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Alka Upadhyay, Manish
Tiwari, Yogesh Sharma
Counsel for Opposite Party(s) : G.A.

Court No. - 64
HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicants and Sri V.P.
Tripathi, learned A.G.A. for the State-opposite party.

2. The present bail application has been filed with the prayer to
enlarge the applicants on bail in Case Crime No. 130 of 2026,
under Section 108 B.N.S., Police Station Lal Kurti, District
Meerut during the pendency of the trial.

3. Learned counsel for the applicants submits that the applicants
are the brothers-in-law of the deceased and have been falsely
implicated in the present case. The incident is alleged to have
occurred on 16.02.2026, whereas the first information report was
lodged on 22.07.2026. Inordinate delay in lodging the first
information report is fatal to the prosecution case. According to
the postmortem report, the cause of death is asphyxia due to ante
mortem hanging. Further, as per the allegations in the first
information report, the alleged video recording 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 applicants, in no manner, abetted the
commission of suicide by the deceased. Mere allegations of
hurling abuses, extending threats or harassment in absence of any
positive act of instigation, intentional aid, or proximate conduct
compelling the deceased to commit suicide, do not constitute the
BAIL No. 34816 of 2026
2

offence of abetment to suicide. In support of his submission,
learned counsel for the applicants has placed reliance on the
judgement of the Apex Court in the cases of Nipun Aneja and
others v. State of Uttar Pradesh, Criminal Appeal No. 654 of
2017, decided on 03.10.2024, and Abhinav Mohan Delkar v.
The State of Maharashtra and others, Criminal Appeal Nos.
2177-2185 of 2024, decided on 18.08.2025. Investigation has
been completed and the charge-sheet has been submitted. The
applicants have no criminal antecedents. The applicants are in jail
since 25.07.2026 and if they are released on bail, they will not
misuse the said liberty.

4. Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.

5. Having heard learned counsel for the parties and after perusal
of the record, this Court prima facie finds that the first
information report has been lodged belatedly. According to the
postmortem report, the cause of death is asphyxia due to ante
mortem hanging. As per the allegations in the first information
report, the alleged video recording 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 applicants
that could be construed as instigation, conspiracy or intentional
aid to the commission of suicide. Moreover, the applicants have
remained confined for more than two months and after
submission of the charge-sheet there is no hope of early
conclusion of trial, and no reasonable apprehension has been
brought to the fore by the State that the applicants, if enlarged on
bail, would either tamper with the evidence or delay the trial or
intimidate the witness, therefore, without commenting on the
merits of the case, I am of the opinion that the applicants are
entitled to be enlarged on bail.

6. Let the applicants- Dharmendra and Durgadeen @ Ghasita,
involved in the aforesaid case, be released on bail on their
furnishing a personal bond and two sureties each in the like
amount to the satisfaction of Court concerned subject to the
BAIL No. 34816 of 2026
3

conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(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.

September 30, 2026
SKT/-
(Vivek Varma,J.)

Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad

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