MP HC2026:MPHC-JBP:18575
BRAJESH SINGH LODHIv.THE STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH·9 Mar 2026·HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
Case No.
Decided On
Judges
Bench
Advocates
Citation
Statutes
Result
anticipatory bailSection 482Bharatiya Nagrik Suraksha Sanhitasuicideharassmentassaultdowryillicit relation
Application for anticipatory bail by the brother-in-law of the deceased in a case registered for offences under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges harassment and assault leading to the deceased's suicide with her two sons, stemming from a family dispute involving the deceased's husband's alleged illicit relationship with his sister-in-law. The applicant claims no specific role was assigned and the allegations are general, implicating the entire family. The State opposed the bail, arguing the applicant's involvement. The Court considered the facts and granted anticipatory bail with conditions.
The court can grant anticipatory bail considering the facts and circumstances of the case, even without commenting on the merits, to ensure a fair investigation and trial.
1.ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in
connection with Crime No.47/2026 registered at Police Station Rehli,
District Sagar, for the offence punishable under Sections 108 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
2. Learned counsel for the applicant has submitted that the the
applicant is brother-in-law of the deceased. As per the prosecution case itself,
it is not alleged that the applicant or his family members were demanding
any dowry or pressurizing her for that. The allegation is that the husband of
the deceased was having illicit relation with widow sister-in-law and on that
quarrel has taken place in the family and it is alleged that the applicant along
with other family members was harassing and assaulting the deceased. On
that, she committed suicide along with her two sons. Learned counsel for the
applicant has also submitted that no specific role has been assigned to the
applicant. There is general allegation against the applicant and his whole
family members have been implicated. Hence, the applicant be released on
anticipatory bail.
3. Learned counsel for the State has opposed the bail application and
has submitted that the applicant was involved in the offence, therefore no
case of bail is made out, hence the applicant is not entitled to be released on
anticipatory bail.
4. Heard the parties and perused the case diary.
5. Looking to the facts and circumstances brought on record, this
Court deems it fit to enlarge the applicant on anticipatory bail. Hence,
without commenting anything on the merits of the case, the application is
allowed.
6. It is directed that in the event of arrest the applicant shall be
enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of the Arresting Officer for their appearance before him
during the course of investigation or before the trial Court concerned during
trial, as the case may be.
7. The applicant is directed to cooperate with the investigating agency
and also appear on the date and time directed by the Investigating Officer.
8. The applicant shall not directly or indirectly induce or threaten any
prosecution witness.
9. The applicant will regularly appear before the trial Court and
cooperate till disposal of this case.
10. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
11. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
VB*