Anticipatory bail granted to senior citizen relative in matrimonial dispute absent criminal history.

The applicant, the 65-year-old maternal uncle of the main accused (Ankit Tiwari), filed an anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

The underlying case involves a matrimonial dispute where the complainant alleged physical and mental cruelty by her husband since 2022.

Specifically, it was alleged that on January 23, 2026, the husband assaulted the complainant while intoxicated.

During counseling at the Women Counselling Centre, the applicant was implicated for allegedly instigating dowry demands and threatening the complainant with a knife.

Consequently, the applicant was charged under Sections 296, 115(2), 351(3), and 85 of the Bhartiya Nyay Sanhita (BNS) and Section 25 of the Arms Act.

The applicant contends he resides separately from the matrimonial home and has been falsely implicated.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS, 2023, considering his age, role as a relative, and the nature of the allegations.

The court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which provides the High Court with the power to grant directions for bail to persons apprehending arrest.

The court also noted the substantive provisions of the Bhartiya Nyay Sanhita, 2023, including Section 85 (cruelty by husband or relatives), Section 296 (obscene acts), Section 115(2) (voluntarily causing hurt), and Section 351(3) (criminal intimidation), alongside Section 25 of the Arms Act regarding the alleged use of a weapon.

The court examined the totality of the facts and circumstances, giving primary weight to the applicant’s background and the nature of the dispute.

The court noted the submission that the applicant, as the maternal uncle, lived at a separate residence and was not part of the daily matrimonial household.

Crucially, the court observed that the applicant has no prior criminal antecedents.

Given the applicant's advanced age of 65 years and the lack of a criminal record, the court determined that the protection of anticipatory bail was appropriate, provided specific conditions were met to ensure the integrity of the trial process.

The court ordered that in the event of arrest, the applicant be released on a personal bond and one surety, subject to the conditions that he: (a) shall not induce or threaten witnesses; (b) shall not prejudice the trial; (c) shall appear before the trial court on all dates; (d) shall verify his identity via Adhaar; and (e) shall not commit any similar future offences.