Extramarital Affair Allegation Alone Not Abetment Without Prima Facie Intent: Madhya Pradesh HC

Allegations of an extramarital affair, accompanied by general claims of mental agony, cannot automatically amount to abetment of suicide without clear evidence satisfying the essential statutory ingredients. The High Court granted bail to an accused facing charges over the tragic suicide of four family members, underscoring the necessity of establishing direct instigation or intentional aid.

A single-judge bench of Justice Ajay Kumar Nirankari considered a third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with offences registered under Sections 107, 108, and 3(5) of the BNS at Khurai Police Station, District Sagar.

Court's Assessment on Statutory Ingredients

Upon examining the material from the case diary, the Court analyzed the legal definition of abetment under Section 45 of the BNS. The Court observed that the record lacked sufficient material to prima facie demonstrate instigation, conspiracy, or intentional aid as required under the law.

The Court, in its reasoning, observed: "Having taken into consideration all the facts and circumstances of the case and the fact that there is no ingredients of Section 45 of BNS, without commenting on merit of the case, I am inclined to release the applicant on bail."

The Court has the following directions:

"It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court all such dates as may be fixed in this regard during pendency of the trial."

"It is further directed that the applicant shall comply with the provisions of Section 480 (3) of B.N.S.S."

"This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective."

Background

The dispute stemmed from an incident on July 25, 2025, when four members of a family a mother, her son, and her two grandchildren committed suicide by consuming poisonous aluminum phosphate. Complainant Nandram Lodhi informed the police about the untimely deaths, leading to a merg inquiry. Family members alleged in their statements that an extramarital affair between the applicant and the wife of the deceased son caused severe mental harassment, driving the four family members to take their own lives.

The applicant's counsel argued that the applicant was innocent, had been in custody since August 2, 2025, and faced only omnibus allegations post the tragic event. Furthermore, it was highlighted that the complainant himself was examined before the trial court and turned hostile, refusing to support the prosecution narrative. The State opposed the application, asserting that the suicide directly resulted from the mental agony caused by the ongoing relationship despite prior interventions.

Concluding that no prima facie case under Section 45 of the BNS was established, the High Court allowed the regular bail application.

Case Details:
Case No.: MISC. CRIMINAL CASE No. 32694 of 2026
Neutral Citation: 2026:MPHC-JBP:67678
Case Title: SURENDRA Versus THE STATE OF MADHYA PRADESH
Appearances:
For the Petitioner(s): Shri Amit Jain - Advocate
For the Respondent(s): Shri Manoj Kushwaha - Panel Lawyer

Source: 2026 CaseBase(MP) 19171