[Cites 4, Cited by 0]
Madhya Pradesh High Court
Ku. Aarti vs The State Of Madhya Pradesh on 20 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:6629
1 MCRC-8696-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8696 of 2026
KU. AARTI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anshu Gupta - Advocate for the applicant.
Shri Atul Kumar Sharma - PP for the State.
ORDER
This is the first application filed on behalf of the applicant under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 / Section 438
of the Code of Criminal Procedure for grant of anticipatory bail to the
applicant, who is apprehending her arrest in relation to FIR/Crime No.
23/2026 registered at Police Station Gulaabganj, District Vidisha, for the
offence punishable under Sections 108, 3(5) of BNS.
2. According to the prosecution story, on 24.01.2026, the deceased
committed suicide by hanging herself. It is the allegation against the
present applicant is that she along with other co-accused persons
subjected the deceased with taunt, cruelty and physical assault over and
infertility and they also body shamed her over and complexion multiple
times. Due to which, she committed suicide. Accordingly, offence was
NEUTRAL CITATION NO. 2026:MPHC-GWL:6629
2 MCRC-8696-2026
registered.
3. It is contended by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case. The
applicant has not committed any crime. Any act of the present applicant,
does not come under the definition of abetment to suicide under Section
107 of the IPC. Therefore, no case is made out against the present
applicant. The applicant is having no criminal antecedents. Any act of
the applicant does not come under the offence punishable under Section
108 of the BNS also. Custodial interrogation is not required. The main
reason of the suicide of the deceased may be that the deceased was
herself depressed because after long time of marriage, she was having
any kids and was unable to conceive. The applicant is permanent resident
of District Vidisha (M.P.) and there is no chance of her absconsion or
tampering with the prosecution evidence. No recovery has to be made
from the applicant. She is a young girl aged about 20 years. It is further
argued that in the cases of abetment to suicide, there must be a clear and
evident material in respect of abetment, which is totally absent in the
present case. The applicant undertakes to cooperate in the investigation
as and when required. Hence, it is prayed that the applicant may be
released on anticipatory bail.
4. Per contra, learned counsel for the State opposed the prayer and
prayed for its rejection by submitting that the investigation is pending.
The applicant instigated the deceased to commit suicide. The applicant
NEUTRAL CITATION NO. 2026:MPHC-GWL:6629
3 MCRC-8696-2026
and other co-accused persons are absconding and not cooperating in
investigation. Hence, this application deserves to be dismissed.
5. Heard counsel for the rival parties and perused the case diary.
6. From perusal of the case diary, this Court finds that the present
applicant instigated the deceased to commit suicide taunting her multiple
times over her infertility and color complexion. As the investigation is
pending, therefore, requirement of custodial interrogation cannot be
denied.
7. From perusal of the material available on record, this Court also
finds that the there is an alleged CDR between the deceased and one
Pooja, in which she has levelled lucid and specific allegations of
instigation and harassment. From the statements of Rajesh Kushwah,
Prakash Kushwah, Mohini@Mauni, Mamta Bai and Arti Kushwah, it is
evidently clear that the deceased was subjected to taunt, body shaming,
threat of divorce(second marriage by husband), by the applicant and
other co-accused persons. Hence, in the opinion of this Court, custodial
interrogation is necessary.
8. Learned counsel for applicant repeatedly pressed for bail on the
ground that no act of the present applicant falls under the definition of
instigation (Section 108 of BNS). But, at the stage of bail, this Court
shall only consider that in the overall facts and circumstances, the case
for bail is made out or not. This court cannot go into the merit/validity of
offences/charges alleged against the accused persons in the FIR.
NEUTRAL CITATION NO. 2026:MPHC-GWL:6629
4 MCRC-8696-2026
Moreover, the allegations are also not vague and improbable in the
present case.
9. Hence, considering the submissions and facts and circumstances
of the case, looking to the contents of the case diary, nature and gravity
of the offence and role attributable to the present applicant, this Court
does not find this a fit case for grant of anticipatory bail.
10. Accordingly, this anticipatory bail application stands
dismissed.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
