Gautam Kumar v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 31041 of 2025

Gautam Kumar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Manish Kumar Tripathi
Counsel for Opposite Party(s)	:	G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant and Sri N.K.Sharma, learned AGA for the State-respondent.

1. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 59 of 2025, under Sections 108, 115(2), 352, 85 BNS, Police Station Mundali, District Meerut during the pendency of trial.

1. Counsel for the applicant submits that the applicant is the husband of the deceased and has been falsely implicated in the present case. According to the postmortem report, the cause of death could not be ascertained. Viscera was preserved and was sent for chemical analysis. Further, as per the allegations in the first information report and the material collected during 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. In support of his submission, counsel for the applicant 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 others (Criminal Appeal Nos. 2177-2185 of 2024) decided on 18.08.2025. The applicant is in jail since 11.04.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.