HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9952 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A for the State and perused the record. 2. The present application has been filed on behalf of the applicants in Case Crime No. 114 of 2026, under Sections 85, 108 BNS, Police Station Tamkuhiraj, District Kushinagar with a prayer to grant them anticipatory bail. 3. Learned counsel for the applicants submits that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the alleged offence in spite of that the police are trying to arrest the applicants. The first information report was lodged after two days. No plausible explanation has been offered by the first informant in respect of delay in filing the first information report. There is no allegation or direct or indirect evidence against the applicants that the deceased was instigated or abetted to commit suicide by the applicants. The first information report was lodged due to ulterior motive. The applicants are parents-in-law of the deceased. The alleged incident is said to have taken place on 14.5.2026, whereas the first information report was lodged on 16.5.2026. The delay in lodging the first information report has not been satisfactorily Versus Counsel for Applicant(s) : Himanshu Srivastava Counsel for Opposite Party(s) : G.A. Adalat Sharma And Another .....Applicant(s) State of U.P. .....Opposite Party(s) explained by the prosecution. It is admitted case of the prosecution that the marriage between the deceased and co- accused Kamlesh was solemnized in the year 2015. There is no allegation of demand of dowry or harassment against the applicants. It is alleged in the first information report that the husband of the deceased was an alcoholic and he used to commit marpeet with the deceased. Several meetings were held between the parties. General allegation has been levelled that on account of harassment by the applicants, the deceased committed suicide on 14.5.2026. Infact, the deceased committed suicide on account of matrimonial dispute with her husband. The husband of the deceased has already been arrested by the police and he has been languishing in jail, therefore, the case of the applicants is distinguishable from the case of the husband of the deceased. The applicants have no criminal antecedent to their credit. 4. It is further submitted by learned counsel for the applicants that the arrest of the applicant would cause an irreparable hardship to the family. The deceased was under mental stress and she committed suicide under depression without any provocation or instigation by the applicants. The essential ingredients of abetment as required under law are completely missing in the present case. Learned counsel for the applicants further submits that the applicants undertake to cooperate during investigation and trial and shall appear as and when required by the Investigating Agency or the Court concerned. It has also been stated that, in case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and shall cooperate with the investigation, and shall abide by all the conditions that may be imposed by the Court. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 6. I have heard the rival submissions of both sides and perused NABAIL No. 9952 of 2026 2 the record. 7. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 8. In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676, the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused. 9. By a long line of judgments, the Hon'ble Supreme Court has reiterated that in order to make out an offence under Section 306 IPC / 108 BNS, specific abetment as contemplated by NABAIL No. 9952 of 2026 3 Section 107 IPC / 45 BNS on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. It has been further held that the intention of the accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting Section 306 IPC / 108 BNS [See Madan Mohan Singh vs. State of Gujarat and Another (2010) 8 SCC 628]. Further, the alleged harassment meted out should have left the victim with no other alternative but to put an end to his / her life and that in cases of abetment of suicide there must be proof of direct or indirect acts of incitement to commit suicide [See Amalendu Pal alias Jhantu vs. State of West Bengal, (2010) 1 SCC 707 and M. Mohan vs. State (2011) 3 SCC 626 and Ramesh Kumar vs. State of Chhattisgarh (2001) 9 SCC 618]. 10. These principles have been reiterated recently by Hon'ble Supreme Court in Mahendra Awase vs. The State of Madhya Pradesh, 2025 INSC 76. 11. The case of the applicants is squarely covered by the aforesaid judgments. 12. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 13. Accordingly, the anticipatory bail application is allowed with following directions:- (i) In the event of arrest of the applicants-Adalat Sharma and Shiv Kumari involved in aforesaid case shall be released on anticipatory bail till the conclusion of trial, on their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned or to the court concerned; NABAIL No. 9952 of 2026 4 (ii) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (iii) 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 (iv) The applicants shall not leave India without the previous permission of the Court. 14. 14. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants, before the concerned court. September 23, 2026 Lalit Shukla NABAIL No. 9952 of 2026 5 (Vivek Kumar Singh,J.) Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad