Citation : 2026 Latest Caselaw 4310 MP
Judgement Date : 4 May, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:14204
1 MCRC-20007-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 4 th OF MAY, 2026
MISC. CRIMINAL CASE No. 20007 of 2026
SMT. BAIKUNTI ALIAS GEETA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Yash Sharma - Advocate for the applicants.
Shri Dinesh Savita - Public Prosecutor for the respondent/State.
ORDER
This is first application filed on behalf of the applicants under Section 482 of the BNSS/Section 438 of the Cr.P.C. for grant of anticipatory bail to the applicants, who are apprehending their arrest in relation to Crime No.34/2026 registered at Police Station - Rithorakala, District- Morena for the offence punishable under Sections 108, 3(5) of BNS.
2. According to the prosecution case, allegation against the present applicant is that they are regularly harassing mentally the deceased and due
to which he committed suicide by hanging himself.
3. It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. The applicant No.1 is the mother-in-law and applicant No.2 is the brother-in-law of the deceased and they have not committed any offence. Any act of the present applicants, does not come under the definition of abetment to suicide
NEUTRAL CITATION NO. 2026:MPHC-GWL:14204
2 MCRC-20007-2026 under Section 107 of the IPC and under Section 108 of the BNS also. Therefore, no case is made out against the present applicants. The applicants are permanent resident of District Bhind (M.P.) and there is no possibility of their absconding or tampering with the prosecution evidence. The applicants are having no criminal antecedents. Further custodial interrogation is not required. No recovery has to be made from the applicants. The applicants undertake to cooperate in the investigation as and when required. They shall be abide by the terms and conditions as imposed by this Court. Under these grounds, learned counsel for the applicants prayed for grant of anticipatory bail to the applicants.
4. Per contra, learned counsel for the State opposed the prayer by submitting that the investigation is pending and prayed for its rejection.
5. Heard counsel for the parties and perused the case diary.
6. Considering the above submissions made by the learned counsel for the applicants and looking to the fact that any act of the present applicants, does not come under the definition of abetment to suicide under Section 107 of the IPC and under Section 108 of the BNS, without commenting on the merits of the case, this Court is of the view that the applicants deserve the benefit of anticipatory bail. Accordingly, application is allowed and it is hereby directed that in the event of arrest, the applicants shall be released on bail on furnishing their personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer.
7. This order will remain operative subject to compliance of the
NEUTRAL CITATION NO. 2026:MPHC-GWL:14204
3 MCRC-20007-2026 following conditions by the applicants:-
(i) The applicants will comply with all the terms and conditions of the bond executed by them;
(ii) The applicants will cooperate in the investigation/ trial, as the case may be;
(iii) The applicants will not indulge themselves in extending 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 the Police Officer, as the case may be;
(iv) The applicants shall not commit any offence during the period of bail;
(v) The applicants will not seek unnecessary adjournments during the trial;
(vi) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. Application stands allowed and disposed of.
9. Copy of this order be sent to the trial Court/Police Station concerned for compliance.
10. Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
(alok)
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