Neutral Citation No. - 2025:AHC:82842 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3065 of 2025 Applicant :- Deepak Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhand Pratap Tripathi,Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Despite service of notice, none has appeared nor any vakalatnama has been filed on behalf of informant. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 435 of 2024, under Sections 352, 351(2), 108 of B.N.S., Police Station Ghaziabad Kotwali, District Ghaziabad with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. The F.I.R. dated 02.10.2024 was lodged against the applicant and two other named accused alleging therein that marriage of the brother of the informant was solemnized with one Smt. Yogresh. The wife of the brother of the informant used to quarrel with her husband and torture him. All the two other accused named in the F.I.R., who are father and brother (present applicant) of the wife of the informant's brother used to beat and torture the informant's brother while threatening him to implicate in false cases. The wife of the informant's brother had also initiated a proceeding against her husband and his parents. When the informant's brother went at the court concerned on the date fixed in that case all the accused persons including the applicant abused and insulted the informant's brother, on account of which informant's brother came under depression and committed suicide. 5. Learned counsel for the applicant submits that applicant is the brother-in-law of the deceased. After the death of the deceased his postmortem was conducted in which cause of death was found to be asphyxia. The alleged incident took place after more than six years. Though there is suicide note allegedly left by the deceased but that too was given to the Investigating Officer after two months of the incident. Some litigation are also going on between husband and wife. The allegations levelled against the applicant are totally false and concocted. There is no evidence on record, that the applicant in any manner had instigated or abetted the deceased to commit suicide. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 6. Learned A.G.A. has opposed the application for anticipatory bail by contending that the deceased in his suicide note has made specific allegation against the applicant and other accused persons, thus, the applicant may not be granted indulgence at this stage. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, and considering the fact that in the suicide note the deceased has made specific allegations against the applicant, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 9. The anticipatory bail application is rejected. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad