Allahabad High Court

HON'BLE NALIN KUMAR SRIVASTAVA, J.

1. This application has been moved on behalf of the applicant - Rakesh seeking anticipatory bail in Case Crime No.257 of 2019 under Sections 306, 201 IPC, Police Station Jagdishpura, District Agra.

2. Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.

3. The accused applicant, who was already married having three issues, performed his second marriage with the daughter of the informant after death of his first wife and the informant side was kept in dark upon this fact. Subsequently, when this fact was came to the knowledge of the second wife of the applicant, she started quarreling with the accused but she was continuously being harassed by her husband Rakesh, the applicant and mother-in-law Shanti Devi and they also used to physically assault the lady. After 10 - 11 months, they ousted the deceased from her matrimonial house. However, a panchayat took place and the vidai of the deceased was against took place but feeling very much depressed and frustrated, in a state of deep anguish, she committed suicide in the night of 29.4.2019. Her dead body was cremated without informing the family members of the deceased. This fact came to the knowledge of the informant by the villagers of village Bichpuri. F.I.R. was lodged and after investigation now charge-sheet has been submitted in the matter.

4. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above- mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted 2 NABAIL No. 9668 of 2025 that the applicant is the husband of the deceased. The F.I.R. lodged in this matter is based upon false and fabricated facts. Essential ingredients to establish an offence under section 306 IPC are completely missing in this case. It is further submitted that the dispute or quarrel between the applicant (husband) and the deceased (wife) used to take place in the normal routine of any married life and there was no serious dispute between the two. It is also submitted that the informant side was very well known to the fact of death of first wife of the applicant. It is also submitted that since it was a natural death, she was cremated by her in-laws and that is why no postmortem or inquest proceedings took place in the matter. It is further submitted that the alleged cruelty and harassment was never caused by the applicant or his family members with the deceased of this case. No dying declaration was recorded. It is further submitted that the applicant has been cooperative during investigation and now after submission of the charge-sheet, no custodial interrogation is required in the matter. It is further submitted that the applicant has no criminal history. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the trial. The applicant has apprehension of his arrest by the police any time.

5. Per contra, learned A.G.A. opposed the anticipatory bail.

6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court 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.

7. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and 3 NABAIL No. 9668 of 2025 circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

8. The application is allowed accordingly.

9. In the event of arrest of the applicant, he shall be released on anticipatory bail till the end of trial on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial. (ii) The 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 him/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

10. In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. November 28, 2025 (Nalin Kumar Srivastava,J.)

HON'BLE NALIN KUMAR SRIVASTAVA, J.

1. This application has been moved on behalf of the applicant - Rakesh seeking anticipatory bail in Case Crime No.257 of 2019 under Sections 306, 201 IPC, Police Station Jagdishpura, District Agra.

2. Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.

3. The accused applicant, who was already married having three issues, performed his second marriage with the daughter of the informant after death of his first wife and the informant side was kept in dark upon this fact. Subsequently, when this fact was came to the knowledge of the second wife of the applicant, she started quarreling with the accused but she was continuously being harassed by her husband Rakesh, the applicant and mother-in-law Shanti Devi and they also used to physically assault the lady. After 10 - 11 months, they ousted the deceased from her matrimonial house. However, a panchayat took place and the vidai of the deceased was against took place but feeling very much depressed and frustrated, in a state of deep anguish, she committed suicide in the night of 29.4.2019. Her dead body was cremated without informing the family members of the deceased. This fact came to the knowledge of the informant by the villagers of village Bichpuri. F.I.R. was lodged and after investigation now charge-sheet has been submitted in the matter.

4. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above- mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted 2 NABAIL No. 9668 of 2025 that the applicant is the husband of the deceased. The F.I.R. lodged in this matter is based upon false and fabricated facts. Essential ingredients to establish an offence under section 306 IPC are completely missing in this case. It is further submitted that the dispute or quarrel between the applicant (husband) and the deceased (wife) used to take place in the normal routine of any married life and there was no serious dispute between the two. It is also submitted that the informant side was very well known to the fact of death of first wife of the applicant. It is also submitted that since it was a natural death, she was cremated by her in-laws and that is why no postmortem or inquest proceedings took place in the matter. It is further submitted that the alleged cruelty and harassment was never caused by the applicant or his family members with the deceased of this case. No dying declaration was recorded. It is further submitted that the applicant has been cooperative during investigation and now after submission of the charge-sheet, no custodial interrogation is required in the matter. It is further submitted that the applicant has no criminal history. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the trial. The applicant has apprehension of his arrest by the police any time.

5. Per contra, learned A.G.A. opposed the anticipatory bail.

6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court 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.

7. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and 3 NABAIL No. 9668 of 2025 circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

8. The application is allowed accordingly.

9. In the event of arrest of the applicant, he shall be released on anticipatory bail till the end of trial on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial. (ii) The 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 him/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

10. In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. November 28, 2025 (Nalin Kumar Srivastava,J.)