The Allahabad High Court’s Single Judge Bench of Justice Ashutosh Srivastava, on December 16, 2024, extended the relief of (Transit) Anticipatory Bail to Sushil Singhania, uncle of Nikita Singhania, also accused in connection with the abetment of suicide case involving Bengaluru-based techie Atul Subhash.

In addition to Sushil Singhania, Nikita Singhania, her mother, and her brother had also approached the Court seeking anticipatory bail.

The counsel representing Sushil Singhania, primarily submitted that, considering the rest of the applicants have been already arrested, thus rendering their application as incompetent.Hence, the plea was pressed only on behalf of Sushil Singhania.

It was contended that Sushil Singhania, a 69-year-old elderly person also diagnosed with a chronic medical condition and virtually incapacitated, cannot be held of abetting the suicide of Atul Subash. Further, while scrutinizing the First Informatin Report (FIR) filed under Section 108, 3(5) [Abetment of Suicide] of Bharatiya Nagarik Suraksha Sanhitaa (B.N.S.) distinction between the abetment and harassment was highlighted to the court as the arrests of the other applicants were made on the basis of an alleged suicide note, and if the suicide note is taken on its face value, the allegations leveled at most would be taken to be harassment for implicating the deceased in false cases and extracting huge sums of money, thus arguing that a case cannot be established under Section 108, 3(5) of (B.N.S.).

Therefore, after due considerations of arguments the bench observed that, “Prima-facie, having heard learned counsel for the parties and having perused the record, particularly, the suicide note, which has been brought on record as Annexure No. 3 to the affidavit filed in support of the Transit Anticipatory Bail Application, I find that the allegations for instigating suicide has been raised primarily against the Principal Judge, Family Court, Jaunpur, Smt. Reeta Kaushik, Mother-in-Law of the deceased namely Smt. Nisha Singhania, Wife of the deceased namely Smt. Nikita Singhania, and so far as the Applicant No. 4 is concerned, the allegations appear to be limited to extending threats to the deceased and his parents over the phone and in person for beating up, killing them and filing false cases.”

Thus, the Court granted transit anticipatory bail to Mr. Sushil Singhania, subject to certain conditions.

Case Title: Nikita Singhania & ors v. State Of U.P. & ors (Criminal Misc. Anticipatory Bail Application U/S 482 Bnss No. - 12087 Of 2024)

Advocate For Petitoner: Senior Advocate Mr. Tejas Singh, Mr. Ajay Kumar Singh, & Mr. Aushim Luthra

Advocate For Respondent: Government Advocate Mr. Ashutosh Kumar Sand, Mr. Rajiv Kumar Singh, & Mr. Shiv Veer Singh