Supreme Court Grants Anticipatory Bail to UP Man Accused of Abetment of Suicide.
17 September 2025
Bail and Antcipatory Bail >> Criminal Law
The Allahabad High Court order refusing anticipatory bail to a resident of Muzaffarnagar who was charged under Section 304 of the Indian Penal Code (abetment of suicide) has been put on hold by the Supreme Court. Protecting him, the top court ordered that he be released on bail if arrested, on providing security and sureties.
Case Background:
The case was one that had originated from FIR No. 188 of 2017, which was registered at Police Station New Mandi, Muzaffarnagar, concerning the death of a young woman who had supposedly committed suicide. The complainant held the appellant, Shaukeen, responsible on the basis that he had been last seen with the deceased. The FIR was then enlarged to include him, although his name did not appear in the first complaint.
Shaukeen filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure (CrPC), but the Allahabad High Court rejected his petition in July 2024. This led him to seek his relief at the Supreme Court.
Arguments Before the Supreme Court:
Appellant's counsel contended that he was falsely implicated only due to his closeness to the deceased, who had been intimate with his brother. It was argued that the case was well over eight years old, but there had not been any substantial progress in the investigation in spite of his cooperation. The mention of his name at a belated stage, counsel presented, pointed towards the mala fide nature of the case.
The State and the aggrieved person objected to the plea, asserting that Section 304 IPC was a serious offence and that the concession of anticipatory bail would wreck the investigation being carried out.
The Bench of Justice B.V. Nagarathna and Justice R. Mahadevan considered the procrastination in investigation and the suspicious circumstances under which the appellant was implicated. It ruled that, having regard to the facts and the lack of direct evidence of involvement, the appellant was entitled to anticipatory bail.
Conditions of Bail:
The Court granted relief under Section 438 CrPC subject to the following safeguards:
- At the time of arrest, the appellant will be released on bail if he submits cash security of Rs. 25,000 along with two sureties of like amount.
- The appellant will extend his full cooperation to the investigation.
- He will not abuse his liberty, try to tamper with witnesses, or alter evidence.
Significance:
The judgment again reaffirms the Supreme Court's consistent trend that anticipatory bail may be granted even in serious offenses, subject to the situation demonstrating weak imputation of criminality or unwarranted harassment of the accused. The judgment is a balance between safeguarding the rights of the person and upholding the integrity of the investigation.
Section 304., Indian Penal Code - 1860
Section 438., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973