Madhya Pradesh High Court
Preeti Jadon vs The State Of Madhya Pradesh on 2 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4044
1 MCRC-4154-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4154 of 2026
PREETI JADON
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Kumar Sharma - Senior Advocate alongwith Ms. Bhavya
Sharma - Advocate for the applicant.
Shri Mohit Shivhare - Public Prosecutor for the State.
Shri Anand Vinod Bhardwaj - Advocate alongwith Shri Rahul Bansal
and Shri Abhinav Bhargav - Advocate for the complainant.
ORDER
This is the first application, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, filed by the applicant seeking grant of anticipatory bail in connection with Crime No.06 of 2026 registered at Police Station Gole Ka Mandir, District Gwalior for the offence punishable under Sections 108, 3(5) of BNS, 2023.
As per the case of the prosecution, the deceased Mrityunjay gradually developed a relationship with Preeti Jadon (present applicant) via Facebook. Preeti Jadon (present applicant) repeatedly pressured him to divorce his first wife, Kirti. The deceased agreed, transferring two plots to Preeti (present applicant) and giving her some gold and silver jewelry. Both frequently met, Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 2 MCRC-4154-2026 and Preeti (present applicant) traveled to Gwalior, while the deceased visited her official residence in Morena. On 12.12.2025, the deceased arrived unannounced at Preeti's official quarters, where she initially resisted and tried to close the gate. Upon entering, he detected the smell of alcohol and saw a man hiding in the kitchen. Preeti (present applicant) allegedly instructed Arafat the man present in the house to assault the deceased, and she hereself fired two shots with a pistol, which did not discharge. Both threatened the deceased not to disclose the incident, or else they would kill him. Presence of both were corroborated by the tower location and CDR of the mobile numbers of Sub-Inspector Preeti Jadon (present applicant) and Arafat Khan. Before his death, the deceased tried to report the matter to Morena police, but his complaints were ignored. Screenshots, audio, and video evidence of the complaints were collected. Based on all evidence, it indicated that due to Preeti Jadon's involvement with the deceased, he was mentally harassed, and as a result, he committed suicide on 15.12.2025 at around 10:30 AM in Sumit Sharma's house, Adarsh Puram, Gole ka Mandir, Gwalior. Subsequently, after post-mortem investigation, a case under Sections 108 and 3(5) B.N.S. was registered against the accused at Gole Ka Mandir Police Station.
Shri Rakesh Kumar Sharma - learned Senior Advocate alongwith Ms. Bhavya Sharma - Advocate for the applicant submits that the applicant has been falsely implicated in the present case. She has been serving as a Sub- Inspector in the Madhya Pradesh Police for about eight years and has maintained an honest and unblemished record. During her tenure, she has Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 3 MCRC-4154-2026 been awarded several commendation certificates in recognition of her professional conduct and dedication.
It is further submitted that as per the prosecution case, the alleged incident was stated to have occurred on 12.12.2025 between 10:00 p.m. to 10:30 p.m., and at that time, the official service pistol of the applicant was not in her possession, but was deposited at the Civil Lines Police Station, Morena. According to the prosecution, it was alleged that the co-accused, Arafat Khan, a constable at Civil Lines Police Station, was present at the applicant's residence during the same period, allegedly corroborated by mobile tower locations and CDRs, which was incorrect, as Arafat Khan was present with his wife at another location at the relevant time. Mobile tower locations cover a wide range of several kilometers, and there is no oral, documentary, or electronic evidence to prove that the co-accused was at the applicant's residence during the alleged incident.
It is further submitted that the prosecution story appears to have been developed solely on the statement of the mother of the deceased, who did not witness the alleged incident and the incident, as narrated by the prosecution, allegedly did not take place on 12.12.2025 between 10:00 p.m. to 10:30 p.m. The alleged incident has been fabricated by the police under pressure from the deceased's family and certain outsiders with intent of falsely implicating the applicant. In reality, on 12.12.2025, between 10:00 p.m. and 10:30 p.m., when the applicant was alone in her official residence in Morena, the deceased forcibly entered her residence, questioned her regarding marriage, and, upon being told that her family would discuss the matter, began verbally Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 4 MCRC-4154-2026 abusing her in obscene language. The deceased then struck the applicant on the head with a tiffin-box and hit her back with a nearby photo frame. When the applicant attempted to protect herself, the deceased pulled out a pistol and fired, but the shot missed. He further assaulted her with the butt of the pistol, causing bleeding, and also kicked and punched her, before attempting to strike her with a frying pan from the kitchen and threatening to kill her. The applicant managed to escape through the balcony. During this incident, the deceased also snatched her mobile phone and used it indecently to call her father and sister, preventing her from contacting her superiors or the police. Thereafter, the applicant, in fear and distressed by the incident, went to Gwalior to her father, who is serving in 13th Battalion of the S.A.F., Gwalior. She subsequently sought treatment at J.A. Hospital, Gwalior, where her injuries were recorded in an M.L.C. dated 13.12.2025, and photographs of the injuries along with medical documents were submitted before the court below in support of her defence. After the fear subsided, the applicant lodged an FIR on 14.12.2025 at Police Station Korwali, Morena, against the deceased at Crime No. 675 of 2025 under Sections 115(2), 333, 331(6), 304(2), 296(a), and 351(3) of the Bhartiya Nyaya Sanhita, 2023.
It is further submitted that the allegations made in the present case do not establish any responsibility of the applicant in the suicide of the deceased, which occurred three days after the alleged incident and there is no evidence to show that the deceased was in any way instigated or abetted by the applicant to commit suicide. Moreover, there is no mens rea or intention on the part of the applicant, which is an essential ingredient under Section Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 5 MCRC-4154-2026 108 of B.N.S.S., and in the absence of such intention, no offence is made out against her. Since the elements required under Sections 108 and 45 of B.N.S.S. are not established, the offence under Section 108 is prima facie not made out.
It is further submitted that the deceased and his family have a history of criminal conduct and several criminal cases have been registered against the deceased at Civil Lines, Morena, and Vijaypur, Sheopur. Notably, on 06.09.2020, the deceased's wife, Smt. Kirti Chauhan, had filed an F.I.R. at Civil Lines Police Station, Morena, under Sections 498-A, 506 & 34 IPC, and Section 4 of the Dowry Prohibition Act, 1961. Additionally, the applicant had already obtained divorce from her husband on the ground of cruelty on 11.01.2021, and the deceased had obtained divorce from his wife, Kirti Chauhan, by mutual consent only on 04.11.2025 under Section 13-B of the Hindu Marriage Act, 1956. The deceased's elder brother, Pranav Pratap Singh @ Bittu Chauhan, had been convicted under Section 302 IPC and sentenced to life imprisonment by the Additional Sessions Judge, Vijaypur, in Sessions Case No. 37/2017 dated 23.12.2017. Due to the bad conduct of the deceased and his elder brother, their mother had bequeathed her property worth crores to the Hanuman Temple Trust, explicitly stating that her sons would not perform her last rites.
It is further submitted that the deceased did not give any jewelry or plots to the applicant, nor did he purchase the alleged properties for her and the deceased was financially unstable, and the applicant periodically paid him significant amounts in cash and v i a bank transfers. The applicant herself Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 6 MCRC-4154-2026 purchased the plots from her own income through her salaried bank account.
Finally, it is submitted that the applicant has no criminal antecedents, is a woman officer of eight years' service with an unblemished career, and her arrest and judicial custody would adversely affect her career and reputation. The applicant is ready and willing to cooperate with the investigation and abide by all conditions that may be imposed by this Court.
Relying on the mattr of Kamaruddin Dastagir Sanadi vs. State of Karnataka reported in 2025(1) MPLJ (Cri.) (S.C.) 354, it was argued that the Apex Court clarified the essential legal principle governing abetment of suicide, holding that a mere broken relationship or refusal to marry, in itself, does not amount to abetment of suicide. It was observed that for an offence under Section 306 IPC, there must be a positive act of instigation or intentional aid by the accused, which creates such circumstances that the deceased is left with no option but to take her own life. Instigation involves a mental process of provoking, inciting, or encouraging a person to commit suicide, and without such a positive act and clear mens rea on the part of the accused, a conviction for abetment cannot be sustained. Discord in personal relationships, even if emotionally distressing, is commonplace and does not, without more, establish criminal conduct or fulfil the ingredients of abetment of suicide.
Reliance is also placed on the judgment of the Hon'ble Supreme Court in Gangula Mohan Reddy v. State of Andhra Pradesh, AIR 2010 Supreme Court 327, wherein it was held that for an offence under Section 306 IPC, there must exist a clear mens rea and a positive act of instigation or Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 7 MCRC-4154-2026 intentional aid by the accused, which places the deceased in such circumstances that suicide becomes the inevitable consequence. The Court observed that abetment involves a mental process of instigating, provoking, or encouraging the deceased to take such an extreme step, and mere allegations of harassment, discord, or emotional distress do not suffice to attract criminal liability. The Hon'ble Court further held that absence of direct evidence of instigation or mens rea, a conviction for abetment cannot be sustained, and prima facie allegations of conflict or discord, without more, cannot constitute abetment of suicide.
Reliance was also placed on the judgment of the Hon'ble Supreme Court in M. Mohan v. State represented by the Deputy Superintendent of Police with Velmurugan & Another v. State represented by the Deputy Superintendent of Police, AIR 2011 Supreme Court 1238, wherein the Court held that for an offence under Section 306 IPC, there must exist a clear mens rea and a positive act of instigation or intentional aid by the accused which creates circumstances leaving the deceased with no option but to commit suicide. The Hon'ble Court observed that abetment involves a mental process of instigating, provoking, or encouraging the deceased, and mere discord, ordinary differences, or emotional distress caused by the accused does not constitute abetment. It was further held that absent evidence of a direct act with the requisite intention, a conviction for abetment cannot be sustained, and such allegations cannot be used as a basis to harass or persecute the accused.
Reliance was also placed on the judgment of the Hon'ble Supreme Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 8 MCRC-4154-2026 Court in Sanju alias Sanjay Singh Sengar v. State of Madhya Pradesh, AIR 2002 Supreme Court 1998, wherein the Court held that mere words spoken in the heat of a quarrel, even if interpreted as telling the deceased to "go and die," do not constitute instigation or the requisite mens rea for abetment of suicide under Section 306 IPC. The Hon'ble Court observed that abetment involves a positive act of instigating, provoking, or intentionally aiding the deceased to commit suicide, and that without evidence of such intention, no offence is made out. Allegations of domestic discord or emotional distress alone, without a direct act with mens rea, cannot sustain a charge of abetment of suicide.
In view of the above submissions, it was prayed that anticipatory bail to the applicant be granted, as she has been falsely implicated, has no mens rea, and her arrest would adversely affect her career and reputation.
Per contra, the learned Public Prosecutor for the State as well as the counsel for the complainant opposed the anticipatory bail application and prayed for its rejection, contending that the allegations against the applicant are grave and pertain to the abetment of suicide of the deceased, Mrityunjay Chauhan. The deceased was an Advocate practicing in this Court and was the sole support of his elderly mother. The events leading to his suicide are directly connected to the conduct of the applicant, which allegedly involved the misuse of her official position as a police officer to harass and intimidate the deceased.
It is further submitted that on 12.12.2025, the applicant, together with the co-accused, confronted the deceased at her official residence, threatened Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 9 MCRC-4154-2026 him, and committed acts of intimidation and assault. Evidence in support of these allegations includes mobile CDRs, tower location records, and witness statements, which prima facie demonstrated that the actions of the applicant created circumstances that directly contributed to the deceased taking the extreme step of suicide. Being a public servant, the applicant is held to a higher standard of conduct, and her alleged acts not only violated this standard but also undermined public confidence in the police force. Accordingly, her arrest is necessary to ensure a fair and unobstructed investigation and to prevent any possible interference with evidence or witnesses.
It is further submitted that the deceased had a close relationship with the applicant, who is a divorcee and the deceased had already divorced his first wife with intention of marrying the applicant, and both were emotionally attached. On 12.12.2025, when the deceased visited Morena, where the applicant was posted as Sub-Inspector at Police Station Civil Lines, he was taken by surprise by her abnormal conduct. Upon entering the residence, he discovered that the co-accused, Arafat Khan, was hiding in the kitchen and when he inquired about the purpose of his visit, the applicant and co-accused allegedly assaulted him and fled the spot. According to the mother of the deceased, liquor was present in the house and the accused were consuming it at the relevant time, which further shocked and mentally disturbed the deceased. Media reports and photographs, which came to public attention, intensified the deceased's anguish. It is further alleged that the applicant misused her official position to lodge a false case against the Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 10 MCRC-4154-2026 deceased at Crime No. 675/2025, Police Station Kotwali, District Morena, thereby compounding his mental trauma. This conduct ultimately led to the deceased committing suicide on 15.12.2025.
It is further submitted that the wife of co-accused Arafat Khan has admitted that her husband had an illicit relationship with the applicant, and the recording of this admission has been submitted to the police and forms part of the case diary. Immediately, after the registration of the FIR, the applicant threatened witnesses, as evidenced by a complaint dated 07.01.2026, demonstrating her intent to tamper with the investigation. The applicant was also in possession of a pistol, which she allegedly attempted to fire at the deceased, and the weapon has not yet been recovered. The conduct of the applicant, in betraying the deceased and subsequently lodging false cases against him, constitutes prima facie abetment of suicide. The investigation is still at a preliminary stage, and the applicant bears direct responsibility for the death of the deceased.
It is further submitted that the deceased, Mrityunjay Chauhan, maintained a close relationship with the applicant which developed into an involvement through Facebook since the years 2020-21. On 12.12.2025, Mrityunjay reportedly went to the official quarters of the applicant in Morena. According to the mother of the deceased, upon his arrival, one gate was locked from outside and another from inside. When Mrityunjay knocked, the applicant opened the gate and appeared to be in a state of agitation. Mrityunjay asked her to allow him to come inside, which was resisted but as he entered, he noticed smell of alcohol and saw someone Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 11 MCRC-4154-2026 hiding in the kitchen. He inquired about the presence of the individual, and the applicant allegedly shouted instructions to Arafat Khan, who then assaulted Mrityunjay. The applicant reportedly brought a pistol and fired twice, though the shots did not discharge. Thereafter, both the accused allegedly threatened Mrityunjay, stating that if he disclosed the incident or lodged an FIR, they would kill him and nothing could happen to them as they were police officers. These actions, according to the mother, created severe fear and mental distress in Mrityunjay, who repeatedly contacted his mother, expressing that he was terrified for his life, had not eaten, and was afraid to leave the house.
It is further submitted that the deceased approached Police Station Civil Lines in Morena to report the incident by way of an application/complaint in the form of suicide note . According to the mother, his application was not accepted and he was misbehaved with. The non- registration of the complaint was due to jurisdictional reasons, as it should have been filed at Kotwali Police Station, and this procedural issue does not absolve the accused of responsibility for the prior assault, threats, and intimidation. The mother's statement further indicated that the deceased repeatedly called her in the days following the incident, describing threats from the accused and expressing that he would not be able to escape them. He asked his mother to protect him from the applicant and Arafat, repeatedly expressing that they were trying to kill him.
The prosecution relied on the mother's statement, which includes details of photographs, video, and audio recordings sent by the deceased, Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 12 MCRC-4154-2026 documenting threats and incidents at the applicant's quarters. Corroborative evidence in the form of CDRs, mobile tower locations, and witness accounts indicate a pattern of intimidation and harassment that the deceased experienced, which contributed to severe mental distress. On 15.12.2025, the deceased committed suicide by hanging in his room in Gwalior. The mother reached Gwalior on the same day and found her son deceased, with the police conducting immediate post-mortem procedures, completed on 16.12.2025.
It is further submitted that the cumulative effect of the assault, threats, and misuse of official position by the accused created circumstances of extreme mental distress that directly contributed to the deceased taking his life and while the mother's statement provides a narrative of events, minor discrepancies exist in details when compared to other evidence, such as mobile tower locations and CDRs. Nonetheless, the core allegations of assault, threats, and intimidation remain consistent and credible. The accused, being a serving police officer, allegedly used her position to instill fear and exert control over the deceased, making him believe that he could not seek protection from law enforcement, thereby aggravating the psychological pressure. These acts establish a prima facie case of abetment of suicide under Section 108 of BNS, 2023. The sequence of assault, repeated threats, and mental harassment, coupled with the deceased's reported fear and distress, demonstrates a pattern of conduct by the accused, which directly led to the extreme outcome. It is thus submitted that the arrest of the accused is necessary to ensure proper investigation and prevent Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 13 MCRC-4154-2026 potential interference with evidence or witnesses, given the abuse of official position and the gravity of the alleged acts.
In reply, Shri Rakesh Kumar Sharma - learned Senior Advocate alongwith Ms. Bhavya Sharma - Advocate for the applicant submits that the allegation that the applicant and the deceased were friends with mutual intent to marry is incorrect. In fact, it was the deceased alone who desired to marry the applicant and accordingly obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1956. It is specifically denied that the applicant ever intended or agreed to marry the deceased.
It is further submitted that the allegations regarding the incident dated 12.12.2025 are false and concocted. It is denied that the deceased frequently visited Morena or on the said date he was taken by surprise, or co-accused Arafat was present in the applicant's house, hiding in the kitchen, or liquor was being consumed. In reality, Arafat was not present at all and was elsewhere with his wife. On the contrary, it was the deceased who forcibly entered the applicant's house, misbehaved with her, and assaulted her, in respect of which the applicant rightly lodged F.I.R. No. 675/2025 at Police Station Kotwali, Morena. The applicant sustained injuries in the said incident, and the allegations of assault upon the deceased are categorically denied.
It is further submitted that there is no material to suggest that the deceased committed suicide due to any act or conduct of the applicant and the photographs and media reports relied upon by the complainant do not disclose any proximate cause or nexus with the alleged suicide, nor do they Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 14 MCRC-4154-2026 bear any date or time, and therefore the possibility of fabrication cannot be ruled out. Allegations of illicit relationship, witness intimidation, and possession of a pistol are false and denied. The applicant's service pistol already stands deposited in the Malkhana of Police Station Civil Lines, Morena.
It is further submitted that as per settled principles of law, anticipatory bail can be granted even at the initial stage of investigation where the essential ingredients of the offence are absent and in the present case, there is no legal or admissible evidence to establish the ingredients of Sections 45 and 108 of the Bharatiya Nyaya Sanhita, 2023. The applicant is a young woman and a responsible police officer with no criminal antecedents. Therefore, it is prayed that the applicant is entitled to the benefit of anticipatory bail.
Heard counsel for the parties and perused the record.
It is to be noted that the relief under Section 438 of the Code of Criminal Procedure is an extraordinary discretionary relief, which is to be exercised sparingly and only in exceptional circumstances, particularly when the allegations are of a serious nature. The Court, while considering an application for anticipatory bail, is required to assess whether a prima facie case is made out, the gravity and nature of the offence, the role attributed to the accused, the possibility of the accused influencing witnesses or tampering with evidence, and the requirement of custodial interrogation.
In the present case, the applicant is facing allegations of abetment of suicide of the deceased, Mrityunjay Chauhan, punishable under Section 108 Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 15 MCRC-4154-2026 of the Bhartiya Nyaya Sanhita, 2023. The deceased was a practicing Advocate and, as borne out from the material on record, was emotionally and socially dependent upon the applicant. The prosecution material prima facie reveals that the applicant and the deceased were in a long-standing personal relationship, and the deceased had altered major life decisions, including dissolving his previous marriage, on the expectation of marrying the applicant. The prosecution has specifically alleged that on 12.12.2025, at the official residence of the applicant in Morena, the deceased was subjected to assault, intimidation, and criminal threats by the applicant and the co- accused. The allegations further include misuse of official authority by the applicant, who is a serving Sub-Inspector of Police, to instill fear in the mind of the deceased by asserting that no action could be taken against her. The statements of the deceased's mother, contemporaneous communications made by the deceased, electronic evidence including audio and video recordings, mobile call detail records, and tower location data prima facie corroborate the prosecution version and indicate a continuing course of conduct that resulted in severe mental trauma to the deceased. The material further indicates that after the incident of 12.12.2025, the deceased remained under constant fear and apprehension, repeatedly contacting his mother and expressing that he was being threatened and harassed by the applicant and the co-accused. The suicide of the deceased on 15.12.2025, within a short span of time from the alleged incident, lends further weight to the prosecution case at this preliminary stage.
This Court is conscious of the legal position laid down by the Hon'ble Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 16 MCRC-4154-2026 Supreme Court in various judgments relied upon by the applicant regarding the essential ingredients of abetment of suicide. However, it is equally well settled that the existence or absence of mens rea, instigation, or intentional aid is a matter to be determined on the basis of evidence led during trial. At the stage of consideration of anticipatory bail, the Court is only required to examine whether the allegations, if taken at face value, disclose a prima facie case. In the present matter, the cumulative effect of the allegations, the surrounding circumstances, and the material placed on record prima facie disclose a nexus between the conduct attributed to the applicant and the suicide of the deceased.
The status of the applicant as a public servant entrusted with enforcement of law further weighs against the grant of anticipatory bail. Allegations of misuse of official position, intimidation of witnesses, and interference with the investigative process cannot be lightly brushed aside. The complaint dated 07.01.2026 alleging threats to witnesses, coupled with the fact that the alleged weapon has not yet been recovered, necessitates a thorough and unhindered investigation. Grant of anticipatory bail at this stage may impede the collection of evidence and adversely affect the fairness of the investigation.
While the applicant has emphasized her service record and absence of criminal antecedents, such considerations, though relevant, cannot override the gravity of the offence and the seriousness of the allegations when viewed in totality. The balance between individual liberty and societal interest must tilt in favour of a fair and effective investigation, especially in cases Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 17 MCRC-4154-2026 involving alleged abuse of authority and loss of human life.
The Court has duly considered the judgments relied upon by learned counsel for the applicant, namely, Kamaruddin Dastagir Sanadi vs. State of Karnataka (supra), Gangula Mohan Reddy vs. State of Andhra Pradesh (supra), M. Mohan vs. State of Andhra Pradesh (supra), and Sanju @ Sanjay Singh Sengar vs. State of Madhya Pradesh (supra). There can be no quarrel with the legal principles enunciated therein, which emphasize that mere discord in a relationship, emotional distress, or refusal to marry, in isolation, would not constitute abetment of suicide in the absence of a positive act, instigation, or mens rea.
However, the facts of the present case stand on a materially different footing. The allegations herein are not confined to a mere broken relationship or emotional discord. The prosecution case prima facie discloses specific acts of assault, intimidation, and criminal threats, allegedly accompanied by misuse of official position by the applicant, a serving police officer. The material further indicates that the deceased was made to believe that he would receive no protection from law enforcement, thereby creating a situation of extreme fear and psychological pressure. In Sanju @ Sanjay Singh Sengar (supra), the Hon'ble Supreme Court was dealing with a case where the alleged words were uttered in the heat of a quarrel and there was no continuing conduct or proximate nexus between the alleged act and the suicide. In contrast, the present case involves allegations of a continuous course of conduct, repeated threats, and intimidation, with the suicide occurring within a short span of time thereafter.
Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AMNEUTRAL CITATION NO. 2026:MPHC-GWL:4044 18 MCRC-4154-2026 Similarly, in Gangula Mohan Reddy and M. Mohan ( supra), the allegations were found to be general in nature, lacking any direct or proximate act of instigation. In the present case, however, the prosecution has placed material indicating a direct sequence of events, supported by electronic evidence, which prima facie establishes a link between the alleged conduct of the applicant and the mental state of the deceased leading up to the suicide.
The judgment in Kamaruddin Dastagir Sanadi ( supra), which deals with refusal to marry or breakdown of a relationship, is also distinguishable on facts, as the present case involves allegations extending beyond emotional rejection to alleged physical assault, criminal intimidation, and abuse of official authority.
At this stage of consideration of anticipatory bail, the Court is not expected to test the truthfulness or sufficiency of the evidence, but only to ascertain whether the allegations disclose a prima facie case warranting further investigation. The cumulative effect of the allegations, the status of the applicant as a public servant, the allegation of threatening witnesses, and the necessity of custodial interrogation, particularly with respect to recovery of the weapon and verification of electronic evidence, weigh against the grant of anticipatory bail.
The Court is also mindful that the applicant, being a serving police officer, occupies a position of influence and authority. Allegations of misuse of such authority, if substantiated, have serious implications not only for the administration of justice but also for public confidence in the police Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:4044 19 MCRC-4154-2026 machinery. Grant of anticipatory bail at this stage may hamper a free, fair, and impartial investigation.
In view of the aforesaid facts and circumstances, this Court is of the considered opinion that the present case does not warrant exercise of discretionary jurisdiction under Section 482 of BNSS. The nature of allegations, the role attributed to the applicant, the proximity between the alleged acts and the suicide, and the necessity of custodial interrogation cumulatively disentitle the applicant from the relief of anticipatory bail.
Accordingly, the application filed by the applicant is hereby dismissed.
(MILIND RAMESH PHADKE) JUDGE pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 2/5/2026 11:46:44 AM