HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1149 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Joint Vakalatnama filed by Mr. Abhisar Dev and Mr. Dinesh Kumar, Advocates on behalf of informant is taken on record. 2. Heard Mr. Suyesh Pradhan, learned counsel for the applicants, Mr. Abhisar Dev and Mr. Dinesh Kumar, learned counsel for the informant as well as learned A.G.A. and perused the record. 3. The present application has been filed under Section 438 of Cr.P.C. seeking anticipatory bail apprehending arrest in FIR No.98 of 2024, under Sections 306 of IPC, Police Station- Kotwali Nagar, District - Sitapur. 4. In terms of the FIR, it was alleged that the son of the informant was married to the daughter of the applicants around three years ago and he was being harassed by his matrimonial family and was also being threatened that the applicants will implicate him in false case, as a result, he was disturbed. It was further alleged that on 25.02.2024, daughter-in-law of the informant/daughter of the applicants left for her home without information, because of which, son of informant was disturbed and committed suicide. The postmortem report on record indicates that the cause of death is ante mortem hanging. In the FIR and the material available on record, there is no averment regarding the abetment as defined under Section 108 of BNS so as to implicate the applicants who are the mother-in-law and father-in-law of the deceased. 5. In contrary, learned counsel for the informant argues that in the suicide Versus Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Soni Srivastava And Another .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) note, it was mentioned that the wife of the deceased had gone to her home without information, because of which, son of informant (deceased) was disturbed and he committed suicide. He further submits that the applicants have a criminal history of one case under Section 323, 504 and 506 IPC, therefore, they are not entitled for any benefit. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the allegations in the FIR, as well as post-mortem report, in which, there is nothing specific against the applicants who are the mother-in- law and father-in-law of the deceased, prima facie, abetment for implicating the applicants with the offence under Section 108 of BNS are apparently missing and the applicants are entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 8. In the event of arrest, let the applicants- Soni Srivastava and Raj Kumar Srivastava be released on anticipatory bail in the abovesaid first information report number till submission of the charge-sheet on their furnishing separate personal bond and two sureties of Rs.30,000/- each with the following conditions: (i) The applicants shall make herself available for interrogation by a police officer as and when required and will co-operate with investigation; (ii) The applicants 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 them from disclosing such facts to the Court or to any police officer and (iii) The applicants shall not leave India without the previous permission of the Court. (Pankaj Bhatia,J.) October 15, 2025 V. Sinha ABAIL No. 1149 of 2025 2 Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench