Absence of name in suicide note and existence of counter FIR warrant grant of anticipatory bail.

The applicant filed for anticipatory bail apprehending arrest for the offense of abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023

The prosecution's case is that the deceased, Neha Gupta, committed suicide by hanging on 19.08.2025, and an FIR was subsequently registered against the applicant on 20.02.2026

The applicant contended that the case was retaliatory; he claimed the deceased had an intimate relationship with his son, Nikhil, who committed suicide on 20.06.2025 due to the deceased's conduct

Prior to the current proceedings, the applicant had lodged a counter-FIR (No. 63/2026) against the deceased and her mother for the abetment of his son’s suicide

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the allegations under Section 108 of the BNS

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court and Sessions Court the power to grant bail to a person apprehending arrest for a non-bailable offense

Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, regarding the abetment of suicide

The court evaluated the facts and the case diary, noting a significant discrepancy in the prosecution's evidence: although a suicide note was recovered from the deceased, the applicant’s name was not mentioned therein

The court further observed the existence of a "counter FIR" filed by the applicant against the deceased’s family members, supporting the applicant's argument of a pre-existing legal dispute and potential false implication

By weighing the absence of the applicant's name in the suicide note against the history of mutual criminal reports between the families, the court determined that the applicant’s custodial interrogation was not warranted under the circumstances

The holding directed that in the event of arrest, the applicant shall be released upon executing a personal bond and a surety, subject to several conditions: (a) the applicant must not induce or threaten witnesses; (b) the applicant must not prejudice the trial; (c) the applicant must appear before the trial court on all scheduled dates; and (d) the applicant must not involve himself in similar offenses in the future