[Cites 5, Cited by 0]
Madhya Pradesh High Court
Kantilal vs The State Of Madhya Pradesh on 5 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:97
1 MCRC-60387-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 5 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 60387 of 2025
KANTILAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ratnesh Kumar Gupta, Advocate for the applicant.
Shri Aditya Garg, Advocate for the respondent/State.
ORDER
1. This first application has been filed by applicant under Section 438 of
Cr.P.C./482 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory
bail in connection with Crime No.265 of 2025 registered at Police Station -
Nagjhiri, District - Ujjain(M.P.) for offence punishable under Sections 108 and
3(5) of the BNS, 2023. The applicant is apprehending his arrest in the matter.
2. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant is falsely implicated in the alleged
offence merely for the the reason that he is uncle-in-law of deceased. There was
matrimonial discord between Vikas(deceased) and his wife Lalu @ Khushbu. Lalu
Bai @ Khushbu was living separately at her parental home for four months prior
to death of Vikas. Vikas was attempting to take Khushbu back to matrimonial
home, therefore, there was a quarrel between Vikas and family members of the
Khushbu. Vikas committed suicide by hanging out of anger and frustration. Mere
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harassment or frustration due to matrimonial discord with the wife cannot be
treated as abetment for suicide by the applicant, who is uncle-in-law of the
deceased. To buttress his contention, learned Counsel relied on the judgment of
Supreme Court in the case of Sanju @ Sanjay Singh Sengar Vs. State of M.P. AIR
2002 SC 1998. No offence, as alleged, is made out against the applicant. Learned
counsel further submits that applicant enjoys good character and social standing.
The custodial interrogation of the applicant is not needed in the matter. Jail
incarceration on false accusation would cause hardship to the applicant and
family. He is ready to cooperate in investigation. Therefore, applicant may be
extended the benefit of anticipatory bail.
3. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
4. According to the material available on case diary, on 24.11.2025
complainant Shubham reported to P.S. Nagjhiri there was matrimonial discord
between his younger brother Vikas and his wife Khushbu. Khushbu left her
matrimonial home and started living separately at her parental home. Vikas was
extremely upset with his in-laws and as a result of which he committed suicide by
hanging on fan. The P.S. Nagjhiri, District Ujjain(M.P.) registered unnatural death
intimation. During inquest, it was revealed that there was matrimonial discord
between Vikas and his wife Khushbu. Khushbu was living at her parental home
for four months prior to death of Vikas. Vikas committed suicide by hanging on
fan function at home. The family members of Vikas alleged that parents of
Khushbu and applicant, who is uncle-in-law of deceased, did not permit Khushbu
to return to her matrimonial home. Vikas was frustrated, therefore, he had
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committed suicide by hanging. On such allegation, the P.S. Nagjhiri registered
FIR for offence punishable under Sections 108 and 3(5) of BNS, 2023 against the
applicant. The applicant is apprehending arrest in the matter. Prima facie, the
material on record does not show communication between applicant and deceased
in close proximity of his death instigating the deceased to commit suicide. The
contentions of applicant have prima facie substance. The veracity of prosecution
and intention of the applicant for abetment to commit suicide will be determined
after evidence in the trial.
5. As informed, applicant is aged around 50 years. He is an agriculturist
by profession. Considering the age, profession and status of the applicant, there
appears to be no likelihood of fleeing from justice or involving in any criminal
activity. In absence any criminal antecedent against the applicant, considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with the evidence, influencing the witness or interfering in the
investigation by the applicant. The incarceration of applicant does not appear to
be necessary for the purpose of investigation. The grant of anticipatory bail to the
applicant will not cause prejudice to free, fair and full investigation. Considering
his clean past, age, status and profession, the applicant may suffer hardship and
prejudice due to incarceration entailing social disrepute and humiliation.
Considering the overall circumstances of the case, but without commenting on
merits of the accusation, this Court is inclined to grant anticipatory bail to the
applicant. Thus, the application is allowed.
6. Accordingly, it is directed that in the event of arrest, applicant -
Kantilal shall be released on bail in connection with Crime as mentioned in the
first paragraph of this order, upon furnishing a personal bond in the sum of Rs.
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50,000/-(Rupees Fifty Thousand Only) with separate solvent surety of the like
amount to the satisfaction of the officer making arrest/the Competent Court for
compliance with the following conditions:(For the convenience of understanding
by accused and surety, the conditions of bail are reproduced in Hindi as under):-
1 ) Applicant shall make himself available for investigation as may be directed by the
Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgs गा A
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करगा या उसम स मिलत नह ं ह गा ।
(3) 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 them/him/her from
disclosing such facts to the Court or to the police officer;
(3) आवेदकगण करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन
नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत ह ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
( 4 ) आवेदकगण य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने , दबाव डालने या धमकाने का यास नह ं करगा ।
(5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of
witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदकगण धारा ३०९ दं. .सं. / ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगा।
7. This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider on merit,
cancellation of bail without any impediment from this order.
8. The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that he had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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