[Cites 2, Cited by 0]
Madhya Pradesh High Court
Smt. Lalu @ Khushbu vs The State Of Madhya Pradesh on 29 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:2904
1 MCRC-3971-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 3971 of 2026
SMT. LALU @ KHUSHBU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ratnesh Kumar Gupta advocate for the applicant.
Shri Ayushyaman Choudhary public prosecutor for State.
Dr. Khuzema Kapadia advocate for the objector.
ORDER
1. This first application has been filed by applicant under Section 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 her 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 she is wife of deceased. There
was matrimonial discord between Vikas (deceased) and his wife Lalu @
Khushbu (applicant). Lalu Bai @ Khushbu was living separately at her
parental home for four months prior to death of Vikas. Vikas was attempting
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to take wife Khushbu and children back to his 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 harassment
or frustration due to matrimonial discord with the wife cannot be treated as
abetment for suicide by the applicant wife. 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 applicants is not needed in the matter. Jail
incarceration on false accusation would cause hardship to the applicant and
family. She is ready to cooperate in investigation. Therefore, applicant be
extended the benefit of anticipatory bail.
3. Per contra, learned counsel for the State as well as objector 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 with 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 ceiling fan. The P.S. Nagjhiri, District
Ujjain(M.P.) registered unnatural death intimation. During inquest, it was
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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 ceiling fan at home.
The family members of Vikas alleged that parents of Khushbu (applicant)
did not permit Khushbu and her children to return to her matrimonial home.
Vikas was frustrated, therefore, he had 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. A text message
(whatsapp) was recovered, wherein deceased Vikas has named applicant and
co-accused as persons responsible for his death. 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 earlier report to
police, NCR dated 25.4.2025 regarding quarrel by applicant, is not in close
proximity of death of Vikas. The contentions advanced by applicant have
prima facie substance. Co-accused Rajesh Solanki and others have been
granted anticipatory bail vide order dated 19.1.2026 passed in MCRC NO.
1186/2026. 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 Lalu @ Khusboo is aged around 24 years. She is
a home maker and mother of minor children. 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 of any criminal
antecedent against the applicant, considering the socio-economic status of
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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 her
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 Smt.
Lalu @ Khusboo 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. 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 herself 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 xhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवे दका leku izd`fr dk dksbZ vijk/k ugha djsxh ;k mlesa lfEefyr ugha gksxhA
(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) आवे दका izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k
opu ugha nsxh] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr
gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) आवे दका izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
NEUTRAL CITATION NO. 2026:MPHC-IND:2904
5 MCRC-3971-2026
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(5) During trial, the applicant shall ensure due compliance of provisions of Section
309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक सुर ा
सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त djsxh ।
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/she
had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
