Anticipatory bail granted for abetment of suicide involving financial disputes and prior joint criminal litigation.

The applicant sought anticipatory bail regarding Crime No. 293/2024 registered under Section 306 of the IPC for the abetment of suicide of Prabhat Nahak, an Assistant Teacher

On November 28, 2023, the deceased committed suicide, leaving a note alleging that the applicant had retained approximately Rs. 10,00,000 collected from individuals under the pretext of securing government jobs

The Investigating Officer filed a Final Report under Section 335(1) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), naming the applicant as an absconding accused

The applicant contended that he and the deceased were co-accused in a separate criminal case (Crime No. 257/2025) for which the Supreme Court had already granted him bail, and that the deceased’s wife, also an accused in that matter, had been granted anticipatory bail

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, despite being named in a suicide note for an offence under Section 306 IPC

Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the grant of bail to persons apprehending arrest

Section 306 of the Indian Penal Code (IPC)

The court also relied on the principle of parity and the judicial discretion exercised by superior courts, noting the applicant’s prior grant of bail by the Apex Court in a related matter involving similar transactions under Sections 318(4) and 3(5) of the BNS

The court observed that the deceased and the applicant were previously linked in criminal activities involving job fraud, for which the applicant had already secured bail from the Supreme Court in a related case

It noted that the deceased's wife, who was also implicated in those transactions, had been granted anticipatory bail

The court found it significant that the present case was the second registered against the applicant for a similar nature of dispute and that the incident occurred nearly one year prior to the current proceedings

Balancing these factors with the likelihood that the investigation and trial would be prolonged, the court determined that the applicant’s cooperation could be secured through conditional bail rather than custodial interrogation

It held that in the event of arrest, the applicant shall be released on executing a personal bond with one local surety, subject to conditions including: (a) non-interference with witnesses; (b) cooperation with the trial; (c) regular appearance before the Court; and (d) a prohibition against committing similar offences in the future