HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26738 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 109 of 2025, under Sections 308(2), 61(2), 108, 238(b) B.N.S. and 67 I.T. Act, Police Station Kalyanpur, District Kanpur Nagar during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged mobile numbers 7388483845 and 7982970363 do not belong to the applicant. Neither any indecent video of the deceased was made viral by the applicant nor the alleged indecent video of the deceased was recovered by the Investigating Officer. As per the post-mortem report, the cause of death was due to asphyxia as a result of ante-mortem hanging. 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. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Mahendra Awase v. The State of Madhya Pradesh, Criminal Appeal No. 221 of 2025, dated 17.01.2025, and Laxmi Das v. The State of West Bengal and others, Criminal Appeal No. 706 of 2017, dated 21.01.2025. Investigation has been completed and the charge-sheet has been submitted. The applicant has no criminal antecedents. The applicant is in jail Versus Counsel for Applicant(s) : Afzal Ahmad Khan Durrani, Rohit Sharma Counsel for Opposite Party(s) : G.A. Rishabh Kumar Gautam .....Applicant(s) State of U.P. .....Opposite Party(s) since 09.05.2025 and if he is released on bail, he 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 alleged indecent video of the deceased was not recovered by the Investigating Officer; as per the post- mortem report, the cause of death was due to asphyxia as a result of ante- mortem hanging; and, 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. Moreover, the applicant has remained confined for almost five 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 applicant, 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 applicant is entitled to be enlarged on bail. 6. Let the applicant- Rishabh Kumar Gautam, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; 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. October 8, 2025 SKT/- BAIL No. 26738 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad