In a significant development in the abetment of suicide case of Bengaluru software engineer Atul Subhash, the Allahabad High Court on Monday granted transit anticipatory bail to Sushil Singhania, the estranged wife’s uncle. The bail was granted while observing key points from the case, especially the allegations against the accused.
Atul Subhash, 34, had died by suicide in Bengaluru, leaving behind a suicide note and a video accusing his wife, Nikita Singhania, and her family of harassment, which he claimed led to his death. His allegations included that Nikita and her family had filed multiple false cases against him amidst their ongoing divorce and child custody battle. Subhash further accused them of threatening to harm him and his parents.
The suicide note and video sparked a social media debate, with calls for the arrest of Nikita and her family members. An FIR was subsequently lodged in Bengaluru under Sections 108 (abetment of suicide) and 3(5) (criminal act with common intention) of the Bharatiya Nyaya Sanhita, 2023.
Sushil Singhania, Nikita’s uncle, along with Nikita, her mother Nisha Singhania, and brother Anurag Singhania, had filed a transit anticipatory bail plea on December 13. However, during the court proceedings, the counsel representing Nikita, her mother, and brother argued that their bail pleas had become infructuous after their arrest by Bengaluru police on Sunday. Therefore, the court only heard the transit anticipatory bail plea for Sushil Singhania.
In its order, the Allahabad High Court noted the allegations against Sushil, which appeared to be limited to threatening the deceased and his parents, but not directly instigating his suicide. The court referenced the suicide note, which highlighted threats to Subhash, including calls for physical harm and false cases. The court observed that “the allegations for instigating suicide have been raised primarily against the Principal Judge, Family Court, Jaunpur, Smt. Reeta Kaushik, and others, and so far as the Applicant No. 4 (Sushil) is concerned, the allegations appear to be limited to extending threats to the deceased and his parents over the phone and in person.”
Sushil’s counsel argued that the 69-year-old, with chronic medical issues, could not have abetted the suicide and emphasized that the claims amounted to harassment over false cases and money demands, not abetment to suicide.
Considering the arguments, the court granted Sushil Singhania transit anticipatory bail, subject to conditions. He was required to furnish a bail bond of ₹50,000 with two sureties.
This decision marks a key moment in the ongoing legal battle surrounding Atul Subhash’s tragic death.
Case: NIkita & Ors vs State. – Available on LAWFYI.IO
