Neutral Citation No. - 2025:AHC:19121 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1001 of 2025 Applicant :- Sushil Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.03 of 2024, under section 306 I.P.C., P.S. GRP sub section Muradabad, District Bulandshahar. 3. Counsel for the applicant submits that the applicant is son of the deceased and has been falsely implicated in the instant case. As per the allegations in the first information report the necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. It is next submitted that two suicide notes were recovered by the investigating officer. The veracity of two suicide notes are still to be ascertained by the Forensic Science Laboratory, Ghaziabad. A property dispute exists between the co-accused Sushil and the informant. In support of his submission, learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Jayedeepsinh Pravinsinh Chavda & ors. v. State of Gujarat, S.L.P. (Crl.) No. 7957 of 2024, dated 10.12.2024. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and in particular the fact that as per the allegations in the first information report the necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out, the veracity of suicide notes are still to be ascertained and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Sushil Kumar Sharma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 10.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad