Deshraj and Another v. State of U.P.). Investigation has been completed. The

2. Heard learned counsel for the applicants, Sri Manvendra Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

3. The applicants were granted interim anticipatory bail vide order dated 28.4.2025 by this Court. The order is quoted herein below:- "1. Heard learned counsel for the applicants,Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.402 of 2023, under section 306 I.P.C., P.S.- Khaga, District- Fatehpur, during the pendency of the trial.

3. Counsel for the applicants submits that the applicant no.1 is the father-in- law and the applicant no.2 is the mother-in-law of the deceased. The applicants have been falsely implicated in the instant case. It is submitted that the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicants. The applicants, in no manner, abetted the commission of suicide by the deceased. Further, during the course of investigation, the applicants were granted anticipatory bail till submission of Police report by this Court vide order dated 02.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 5873 of 2024 (Deshraj and Another vs. State of U.P.). Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty.

4. Matter requires consideration.

5. Issue notice to the opposite party no. 2 returnable at an early date.

6. Opposite parties are granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter.

7. Place this case in the additional cause on 30.05.2025.

8. Till the next date of listing, in the event of arrest, the applicants Deshraj and Chandawati involved in the aforesaid case crime be released on interim anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. "

4. Counsel for the applicants contends that pursuant to the order dated 28.4.2025 the applicants have furnished bail bonds before the concerned court and are appearing before the court on the dates fixed. It is next contended that perusal of the first information report and from the material collected during the course of investigation necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicants. The applicants, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicants has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicants have no criminal antecedents. In case, the applicants are released on anticipatory bail, till the conclusion of trial, they will not misuse the said liberty.

5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by counsel for the applicants as recorded in the order dated 28.4.2025, considering the nature of accusations, antecedents of the applicants and the fact that necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicants; the applicants are appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants Deshraj and Chandawati, involved in Case Crime No.402 of 2023, under section 306 I.P.C., P.S.- Khaga, District- Fatehpur be released on anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 30.5.2025 S.S. SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

2. Heard learned counsel for the applicants, Sri Manvendra Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

3. The applicants were granted interim anticipatory bail vide order dated 28.4.2025 by this Court. The order is quoted herein below:- "1. Heard learned counsel for the applicants,Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.402 of 2023, under section 306 I.P.C., P.S.- Khaga, District- Fatehpur, during the pendency of the trial.

3. Counsel for the applicants submits that the applicant no.1 is the father-in- law and the applicant no.2 is the mother-in-law of the deceased. The applicants have been falsely implicated in the instant case. It is submitted that the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out against the applicants. The applicants, in no manner, abetted the commission of suicide by the deceased. Further, during the course of investigation, the applicants were granted anticipatory bail till submission of Police report by this Court vide order dated 02.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 5873 of 2024 (Deshraj and Another vs. State of U.P.). Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty.

4. Matter requires consideration.

5. Issue notice to the opposite party no. 2 returnable at an early date.

6. Opposite parties are granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter.

7. Place this case in the additional cause on 30.05.2025.

8. Till the next date of listing, in the event of arrest, the applicants Deshraj and Chandawati involved in the aforesaid case crime be released on interim anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. "

4. Counsel for the applicants contends that pursuant to the order dated 28.4.2025 the applicants have furnished bail bonds before the concerned court and are appearing before the court on the dates fixed. It is next contended that perusal of the first information report and from the material collected during the course of investigation necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicants. The applicants, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicants has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicants have no criminal antecedents. In case, the applicants are released on anticipatory bail, till the conclusion of trial, they will not misuse the said liberty.

5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by counsel for the applicants as recorded in the order dated 28.4.2025, considering the nature of accusations, antecedents of the applicants and the fact that necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicants; the applicants are appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants Deshraj and Chandawati, involved in Case Crime No.402 of 2023, under section 306 I.P.C., P.S.- Khaga, District- Fatehpur be released on anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 30.5.2025 S.S. SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad