1. Application for anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita following accusations of abetment to suicide registered under the Bharatiya Nyaya Sanhita. (Para 7 , 8 , 9 )
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2026 Supreme(Online)(MP) 123449
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Amit Lahoti, J
Ritu Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 38652 of 2026
Important Points
The court granted anticipatory bail to a 65-year-old applicant in an abetment of suicide case, citing her age, lack of criminal antecedents, willingness to cooperate with the investigation, and the general nature of the allegations against her.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Anticipatory Bail - Abetment of Suicide - Grant of bail to an elderly applicant - Where the applicant is aged, has no criminal antecedents, and the allegations are general in nature compared to the main accused, the benefit of anticipatory bail may be extended. (Para 10, 13)
Issues: Whether the applicant Usha Devi is entitled to the grant of anticipatory bail in connection with offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Issues: Whether the applicant Usha Devi is entitled to the grant of anticipatory bail in connection with offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Baboo Ji Chourasia
For the Respondents: Hemlata Kshatriya, Vijay Kumar Pandey
For the Appellants/Petitioners: Baboo Ji Chourasia
For the Respondents: Hemlata Kshatriya, Vijay Kumar Pandey
Table of Contents
2. Applicant contends false implication and age-based lack of involvement, while the State opposes bail citing the gravity of allegations and the nature of the offence. (Para 10 , 11 )
3. The court assessed the applicant's age, absence of prior criminal history, and willingness to participate in the investigation to determine bail eligibility. (Para 12 , 13 )
4. Anticipatory bail may be granted based on the applicant's age and clean criminal record, provided the investigation is not prejudiced. (Para 13 )
5. The application for anticipatory bail is allowed subject to the applicant furnishing a bond, solvent surety, and complying with specified investigation-related conditions. (Para 13 , 14 )
6. Can an applicant receive anticipatory bail on the basis of age and lack of criminal record in an abetment to suicide case?
Yes, factors such as advanced age, lack of criminal antecedents, and the willingness to cooperate with the investigating authority justify granting anticipatory bail, without expressing a final opinion on the merits of the allegations during the initial stage. (Para 12 , 13 )
7. What happens to a co-accused's bail application if they have already been granted regular bail?
If an applicant has already been enlarged on regular bail by a court during the pendency of their anticipatory bail application, that specific application is rendered infructuous and is dismissed accordingly. (Para 1 , 2 )
ORDER
At the outset, learned counsel for the applicants submits that subsequent to the filing of the present application, applicant No.3, Rahul Ahirwar, has been arrested and subsequently enlarged on regular bail by this Court vide order dated 06.10.2026 passed in MCRC No. 44979 of 2026. Accordingly, the present application has been rendered infructuous insofar as it relates to applicant No.3.
2. In view of the aforesaid submission, the present application, insofar as it relates to applicant No.3, namely, Rahul Ahirwar, stands dismissed as having been rendered infructuous.
3. However, after arguing for while, learned counsel for the applicants seeks permission to withdrawn this first anticipatory bail application in respect of applicant No.1, namely, Ritu Ahirwar.
4. Permission is granted.
5. Consequently, the present application, insofar as it relates to applicant No.1, Ritu Ahirwar, stands dismissed as withdrawn.
6. Accordingly, the application is being considered only in respect of applicant No.2, namely, Usha Devi (hereinafter referred to as the 'present applicant').
7. This is the first application filed by the present applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail.
8. The present applicant is apprehending her arrest in connection with FIR/Crime No.418 of 2026 registered at Police Station Naugaon, District Chhatarpur (M.P.) for offences punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023.
9. The prosecution story, in brief, is that on 23.04.2026, an information regarding the death of deceased Vikas Ahirwar was received from CHC Naugaon, whereupon Merg No.40/2026 was registered. During merg inquiry, a suicide note and other documents were recovered from the deceased. The suicide note allegedly contained allegations that the present applicant and the co-accused persons, namely, Ritu Ahirwar, and Rahul Ahirwar, had been demanding money and threatening the deceased with false implication and death, thereby mentally and financially harassing him for about two years. The handwriting examination also opined common authorship. Accordingly, the present FIR was registered.
10. Learned counsel for the present applicant submits that the present applicant is innocent and has been falsely implicated in this case. The present applicant is a woman aged about 65 years. It is further submitted that the allegations pertaining to the demand for money and alleged harassment primarily relate to co-accused Ritu Ahirwar, who is stated to be the main accused and with whom the deceased was allegedly in a relationship. It is also submitted that the deceased had, on certain occasions, transferred amounts of money to the said co-accused. It is further submitted that only general allegations have been levelled against the present applicant regarding harassment of the deceased in this regard. Even if the entire prosecution case is taken at its face value, the essential ingredients constituting abetment of suicide are prima facie absent against the present applicant. The present applicant has no criminal antecedents. She is ready to cooperate with the investigation. On these grounds, learned counsel prays that the present applicant be extended the benefit of anticipatory bail.
11. Per contra, learned counsel appearing for the State as well as objector has opposed the bail application on the ground that looking to the gravity of offence and the nature of allegations leveled against the present applicant, she does deserve the benefit of anticipatory bail.
12. Heard the rival contentions made by learned counsel for the parties and perused the case diary.
13. Taking into consideration the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is aged about 65 years, has no criminal antecedents, and is ready and willing to cooperate with the investigation, this Court is of the considered opinion that the present applicant can be extended the be
