HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7987 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-The instant Criminal Misc. Anticipatory Bail Application under section 482 B.N.S.S. has been preferred by the applicant, after rejection of his anticipatory bail application vide order dated 04.09.2025, seeking Anticipatory Bail in Case Crime No. 0380 of 2025, under Section 108 B.N.S., Police Station Kila, District Bareilly, during the pendency of the investigation. 3-As per the prosecution case in brief, Sub Inspector-Wakar Ahmad got a first information report lodged on 10.8.2025 at 22:28 hours for the offence under Section 108 B.N.S., 2023 against Mainaz, Javed and Dansih (applicant) stating inter-alia that upon the information that a person named Ejaz Ahmad has committed suicide, he reached the house of the deceased-Ejaz Ahmad for inquest and postmortem of deceased. Two mobile phones of deceased were recovered from the cot lying at the place where the deceased had committed suicide by hanging himself from the fan of the room, built on the top of his house. When the said mobile phones of deceased opened and examined, it was prima-facie found that the deceased-Ejaz Ahmad has committed suicide after making a video of his wife Mainaz’s illicit relationship with her Versus Counsel for Applicant(s) : Yatindra Counsel for Opposite Party(s) : G.A. Danish .....Applicant(s) State of U.P. .....Opposite Party(s) maternal uncle-Javed and his son Danish locking the room of the house and preventing the deceased from entering the room. 4-The main substratum of argument of learned counsel for the applicant is that on the day of incident dated 10.08.2025, applicant who is son of deceased and his mother were at Delhi whereas the deceased has committed suicide at Bareilly. The allegation, as levelled by the deceased while making a video prior to his death, is false and beyond imagination, hence, no prima-facie offence against the applicant is made out. Lastly, it is submitted that applicant has apprehension of imminent arrest and in case, applicant is granted anticipatory bail, he will not misuse the liberty. 5-On the other hand, learned A.G.A. opposed the prayer for anticipatory bail of the applicant by contending that in this case, F.I.R. was lodged by the police and it is the case of the prosecution that on the information that Ejaz Ahmad (deceased) has committed suicide, police reached at the house where he was found dead and in the said room, two mobile phones of the deceased were recovered by the police and upon opening the said mobile phones, a video was found which was recorded by the deceased himself prior to committing suicide in which he has stated inter-alia that he is under depression on account of an illicit relationship of his wife with her maternal uncle Javed and his son namely Danish used to restrain him to enter into the room, therefore, anticipatory bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and perusing the record, I find that the allegation of the prosecution is based upon a video which was found in the mobile phone of the deceased. It is also not in dispute that the deceased, prior to committing suicide, has expressed his feeling and the reason for committing suicide in the said video. 7-Object of Section 482 B.N.S.S. is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. It is well settled that NABAIL No. 7987 of 2025 2 discretionary power conferred by the legislature on this court can- not be put in a straitjacket formula, but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from Justice , apprehension of tampering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society, etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 8-In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case based on video, gravity and nature of accusation, this court is of the view that no case for exercising its discretionary power under section 482 B.N.S.S. is made out in favour of applicant. 9-Accordingly, this application under Section 482 BNSS is rejected. 10-It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. October 10, 2025 Saurabh NABAIL No. 7987 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad