High Court · 2025

Heard learned counsel for the applicants and learned A.G.A. for the State as well as learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed by the applicants- Ritesh Mittal and Sumit Mittal seeking anticipatory bail in Case Crime No. 0022 of 2025, under Sections 108, 352, 351(3) of Bhartiya Nyay Sanhita, 2023, P.S. Kotwali Sadar, District Lakhimpur Kheri. The Co-ordinate Bench of this Court vide order dated 4.3.2025 has passed the following order:- "1. Heard Sri Anurag Kumar Singh, learned counsel for the applicants, Sri Om Prakash, learned Additional Government Advocate for the State and Sri Neeraj Kumar Mishra, Advocate has filed 'Vakalatnama' on behalf of complainant, same is taken on record.

2. By means of present anticipatory bail application, the applicants have shown their apprehension of arrest in Case Crime No. 0022 of 2025 u/s 108, 352, 351(3), Bhartiya Nyay Sanhita, 2023, P.S. Kotwali Sadar, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence alleged in the F.I.R.

3. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against six accused persons including the present applicant. As per allegation of the F.I.R. the present applicant and other accused persons have mentally tortured the deceased to realize some amount and on account of such mental torture the deceased had got no other option except to commit suicide, therefore, he committed suicide.

4. Learned counsel has stated that the present applicants are businessmen and pursuant to the transfer of the lease deed of the shop of the deceased the present applicants took over the possession of that shop strictly by following the procedure of law and both the aforesaid applicants were regularly paying the lease rent to the Nagar Palika.

5. Attention has been drawn towards the Annexure no. 3 which is a general diary detail dated 10.1.2025 whereby the information of the suicide has been noted wherein there is no reference of any suicide note. The inquest prepared on 10.1.2025 before the 'Panch' wherein there is no reference of suicide note. As per statement of the informant, the mother of the deceased, she found one suicide note near the dead body of her son and she kept that suicide note in the drawer of one table along with some other papers and ledger-book. Such suicide note was recovered by the police (Annexure no. 8) which indicates that the aforesaid suicide note is of two pages.

6. Sri Anurag Kumar Singh has drawn attention of this Court towards the suicide note which has been enclosed as Annexure no. 9 and perusal thereof creates suspicion on the prosecution story inasmuch as the first page of alleged suicide note is a complete page wherein the deceased had signed in the end of the paper but there is one more paper in the name suicide note. If these two papers are considered as suicide note then the fact would emerge that there is no allegation of any kind whatsoever against the present applicants. However, there is one third page of suicide note in a different manner which has been addressed to the mother and wife of the deceased wherein he had indicated his name as Bunty. However, in first page he has indicated his name as Vivek Gupta, though on another page he has not indicated his name.

7. Sri Anurag Kumar Singh has indicated that the aforesaid suicide note must have been examined by the 'hand-writing expert' but the investigating agency has not sent these three papers to any hand- writing expert to ascertain as to whether the hand-writing on the suicide note is of deceased or of anyone else. The investigating agency must have verified another fact that as per recovery memo the suicide note is on two pages but there are three pages of the suicide note and in last third page the allegation has been levelled against the present applicants. As a matter of fact the present applicants have not mentally tortured the deceased and the allegation to that effect are false. Prima-facie, the ingredients of section 108 BNS are not attracted inasmuch as there are no overt or positive act on the part of the applicants to abet or instigate the deceased to commit suicide. However, the aforesaid facts may be ascertained during the course of trial.

8. Learned counsel for the applicants has submitted that the investigation is going on and the applicants undertake that they shall cooperate in the investigation. The applicants have their permanent address, therefore, there is no flight risk, therefore, their liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C / 193(3) BNSS. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

9. Per contra, learned AGA opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.

10. The matter requires consideration.

11. Let the counter affidavit be filed within a period of four weeks.

12. List in the week commencing 7.4.2025 within top ten cases.

13. Till the next date of listing, it is directed that in the event of arrest, applicants shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the applicant shall appear before the Investigating Officer concerned on 10.3.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all the information and evidence with her to the investigation officer, failing which this protection may be withdrawn on the application of the informant or the State. II. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness;

14. When the case is next listed, name of Sri Neeraj Kumar Mishra, Advocate be shown as counsel for the complainant." Learned counsel for the applicants submits that the applicants have been released on interim anticipatory bail after filing of the personal bonds and two sureties. They have not misused the liberty of interim anticipatory bail granted by the Court. They undertake to cooperate in the investigation, if required as well as in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. Learned AGA submits that he has no instructions as to whether the charge-sheet in the case has been filed or not. It is not disputed by learned counsel for the opposite parties that the applicants have not misused the liberty of interim anticipatory bail granted by the Court. In view of the above, without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicants have not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicants that they will cooperate in the investigation, if required as well as in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 4.3.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 14.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicants and learned A.G.A. for the State as well as learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed by the applicants- Ritesh Mittal and Sumit Mittal seeking anticipatory bail in Case Crime No. 0022 of 2025, under Sections 108, 352, 351(3) of Bhartiya Nyay Sanhita, 2023, P.S. Kotwali Sadar, District Lakhimpur Kheri. The Co-ordinate Bench of this Court vide order dated 4.3.2025 has passed the following order:- "1. Heard Sri Anurag Kumar Singh, learned counsel for the applicants, Sri Om Prakash, learned Additional Government Advocate for the State and Sri Neeraj Kumar Mishra, Advocate has filed 'Vakalatnama' on behalf of complainant, same is taken on record.

2. By means of present anticipatory bail application, the applicants have shown their apprehension of arrest in Case Crime No. 0022 of 2025 u/s 108, 352, 351(3), Bhartiya Nyay Sanhita, 2023, P.S. Kotwali Sadar, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence alleged in the F.I.R.

3. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against six accused persons including the present applicant. As per allegation of the F.I.R. the present applicant and other accused persons have mentally tortured the deceased to realize some amount and on account of such mental torture the deceased had got no other option except to commit suicide, therefore, he committed suicide.

4. Learned counsel has stated that the present applicants are businessmen and pursuant to the transfer of the lease deed of the shop of the deceased the present applicants took over the possession of that shop strictly by following the procedure of law and both the aforesaid applicants were regularly paying the lease rent to the Nagar Palika.

5. Attention has been drawn towards the Annexure no. 3 which is a general diary detail dated 10.1.2025 whereby the information of the suicide has been noted wherein there is no reference of any suicide note. The inquest prepared on 10.1.2025 before the 'Panch' wherein there is no reference of suicide note. As per statement of the informant, the mother of the deceased, she found one suicide note near the dead body of her son and she kept that suicide note in the drawer of one table along with some other papers and ledger-book. Such suicide note was recovered by the police (Annexure no. 8) which indicates that the aforesaid suicide note is of two pages.

6. Sri Anurag Kumar Singh has drawn attention of this Court towards the suicide note which has been enclosed as Annexure no. 9 and perusal thereof creates suspicion on the prosecution story inasmuch as the first page of alleged suicide note is a complete page wherein the deceased had signed in the end of the paper but there is one more paper in the name suicide note. If these two papers are considered as suicide note then the fact would emerge that there is no allegation of any kind whatsoever against the present applicants. However, there is one third page of suicide note in a different manner which has been addressed to the mother and wife of the deceased wherein he had indicated his name as Bunty. However, in first page he has indicated his name as Vivek Gupta, though on another page he has not indicated his name.

7. Sri Anurag Kumar Singh has indicated that the aforesaid suicide note must have been examined by the 'hand-writing expert' but the investigating agency has not sent these three papers to any hand- writing expert to ascertain as to whether the hand-writing on the suicide note is of deceased or of anyone else. The investigating agency must have verified another fact that as per recovery memo the suicide note is on two pages but there are three pages of the suicide note and in last third page the allegation has been levelled against the present applicants. As a matter of fact the present applicants have not mentally tortured the deceased and the allegation to that effect are false. Prima-facie, the ingredients of section 108 BNS are not attracted inasmuch as there are no overt or positive act on the part of the applicants to abet or instigate the deceased to commit suicide. However, the aforesaid facts may be ascertained during the course of trial.

8. Learned counsel for the applicants has submitted that the investigation is going on and the applicants undertake that they shall cooperate in the investigation. The applicants have their permanent address, therefore, there is no flight risk, therefore, their liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C / 193(3) BNSS. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

9. Per contra, learned AGA opposed the prayer of learned counsel for the applicant but could not dispute the submissions of learned counsel for the applicant.

10. The matter requires consideration.

11. Let the counter affidavit be filed within a period of four weeks.

12. List in the week commencing 7.4.2025 within top ten cases.

13. Till the next date of listing, it is directed that in the event of arrest, applicants shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the applicant shall appear before the Investigating Officer concerned on 10.3.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all the information and evidence with her to the investigation officer, failing which this protection may be withdrawn on the application of the informant or the State. II. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; III. that the applicant shall not leave India without the previous permission of the court; IV. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness;

14. When the case is next listed, name of Sri Neeraj Kumar Mishra, Advocate be shown as counsel for the complainant." Learned counsel for the applicants submits that the applicants have been released on interim anticipatory bail after filing of the personal bonds and two sureties. They have not misused the liberty of interim anticipatory bail granted by the Court. They undertake to cooperate in the investigation, if required as well as in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. Learned AGA submits that he has no instructions as to whether the charge-sheet in the case has been filed or not. It is not disputed by learned counsel for the opposite parties that the applicants have not misused the liberty of interim anticipatory bail granted by the Court. In view of the above, without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicants have not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicants that they will cooperate in the investigation, if required as well as in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 4.3.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 14.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench