State of U.P v. Party

Learned counsel for the applicant has argued that initially the applicant was living with the deceased in a live-in relationship but later, on account of differences between them, he started living separately. Thereafter, the deceased made a complaint on 04.12.2023 to the police making allegation inter alia that the applicant has been making physical relation with her on the pretext of marriage but subsequently he refused for marriage, on which both the parties were called for mediation and they had appeared a number of times before the mediators but during the said process, she committed suicide on 29.02.2024. It is further argued that the deceased was living in a rented accommodation. The information about the said incident was given by owner of the premises Vijendra Pal, on which police and forensic team reached at the spot and inquest proceeding was conducted, wherein it is mentioned that no suicide note was found but later on, when the complainant lodged the F.I.R. he has also mentioned that the entire incident is mentioned in the suicide note of the deceased. Much emphasis has been given by contending that suicide note of the deceased is a forged document. Lastly, it is submitted that unless and until, the genuineness of the said suicide note is verified, the applicant may be released on anticipatory bail. On the other hand, learned Additional Government Advocate has vehemently opposed the prayer for granting anticipatory bail to the applicant by contending that the suicide note of the deceased was recovered from the room of the deceased and the same has been made part of the case diary, wherein serious allegation has been levelled against the applicant and his family members. Hence, this anticipatory bail application is liable to be rejected. Having heard the submissions of learned counsel for the parties and perusing the record, I find that it is not in dispute that the applicant was living with the deceased in a live-in relationship and the deceased prior to committing suicide had also made complaint to police making allegation that the applicant has been making physical relation with her on the pretext of marriage but later, he refused for marriage. It is also submitted that on account of harassment of complainant's sister by the applicant and his family members, she committed suicide. Therefore, this anticipatory bail application is liable to be rejected. 3 NABAIL No. 7918 of 2025 No standard or straitjacket formula can be laid down with regard to sensitivity of each individuals, because different people behave differently in same situation. Each person has his own idea of self- esteem and self-respect. Therefore, each case has to be decided on the basis of its own facts and circumstances. If the accused kept on irritating or annoying the deceased by words, deeds or conduct, which may provoke, urge or encourage the deceased to commit suicide is an abetment. Since the investigation against the applicant is still pending and allegation of the prosecution and defence of the accused are still open to be urged before the trial Court, therefore, this Court is not recording any finding on merits of the case. However, it is relevant to mention that suicide note of the deceased cannot be disbelieved at this stage. Object of Section 482 BNSS, 2023 is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. It is well settled that discretionary power conferred by the legislature on this court can-not be put in a straitjacket formula, but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from Justice, apprehension of tampering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society, etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation as well as suicide note of deceased, this court is of the view that no case for exercising its discretionary power under Section 482 BNSS, 2023 is made out in favour of applicant. 4 NABAIL No. 7918 of 2025 Accordingly this anticipatory bail application is rejected. It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. October 9, 2025 Shubham (Sanjay Kumar Singh,J.) SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Learned counsel for the applicant has argued that initially the applicant was living with the deceased in a live-in relationship but later, on account of differences between them, he started living separately. Thereafter, the deceased made a complaint on 04.12.2023 to the police making allegation inter alia that the applicant has been making physical relation with her on the pretext of marriage but subsequently he refused for marriage, on which both the parties were called for mediation and they had appeared a number of times before the mediators but during the said process, she committed suicide on 29.02.2024. It is further argued that the deceased was living in a rented accommodation. The information about the said incident was given by owner of the premises Vijendra Pal, on which police and forensic team reached at the spot and inquest proceeding was conducted, wherein it is mentioned that no suicide note was found but later on, when the complainant lodged the F.I.R. he has also mentioned that the entire incident is mentioned in the suicide note of the deceased. Much emphasis has been given by contending that suicide note of the deceased is a forged document. Lastly, it is submitted that unless and until, the genuineness of the said suicide note is verified, the applicant may be released on anticipatory bail. On the other hand, learned Additional Government Advocate has vehemently opposed the prayer for granting anticipatory bail to the applicant by contending that the suicide note of the deceased was recovered from the room of the deceased and the same has been made part of the case diary, wherein serious allegation has been levelled against the applicant and his family members. Hence, this anticipatory bail application is liable to be rejected. Having heard the submissions of learned counsel for the parties and perusing the record, I find that it is not in dispute that the applicant was living with the deceased in a live-in relationship and the deceased prior to committing suicide had also made complaint to police making allegation that the applicant has been making physical relation with her on the pretext of marriage but later, he refused for marriage. It is also submitted that on account of harassment of complainant's sister by the applicant and his family members, she committed suicide. Therefore, this anticipatory bail application is liable to be rejected. 3 NABAIL No. 7918 of 2025 No standard or straitjacket formula can be laid down with regard to sensitivity of each individuals, because different people behave differently in same situation. Each person has his own idea of self- esteem and self-respect. Therefore, each case has to be decided on the basis of its own facts and circumstances. If the accused kept on irritating or annoying the deceased by words, deeds or conduct, which may provoke, urge or encourage the deceased to commit suicide is an abetment. Since the investigation against the applicant is still pending and allegation of the prosecution and defence of the accused are still open to be urged before the trial Court, therefore, this Court is not recording any finding on merits of the case. However, it is relevant to mention that suicide note of the deceased cannot be disbelieved at this stage. Object of Section 482 BNSS, 2023 is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. It is well settled that discretionary power conferred by the legislature on this court can-not be put in a straitjacket formula, but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from Justice, apprehension of tampering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society, etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation as well as suicide note of deceased, this court is of the view that no case for exercising its discretionary power under Section 482 BNSS, 2023 is made out in favour of applicant. 4 NABAIL No. 7918 of 2025 Accordingly this anticipatory bail application is rejected. It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. October 9, 2025 Shubham (Sanjay Kumar Singh,J.) SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad