Anticipatory bail granted in abetment of suicide case based on parity with co-accused.

The applicants filed a second anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

They were accused under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, for abetting the suicide of Ramkhilavan Sahu.

The deceased left a suicide note alleging that the applicants pressurized him to repay a balance loan of ₹14,000 out of a total debt of ₹64,000, leading him to hang himself on 19.11.2025.

The applicants’ first anticipatory bail application (MCRCA No. 1936 of 2025) was dismissed as withdrawn on 09.12.2025.

A co-accused, Rajendra Golchha, was granted bail on 08.01.2026.

Whether the applicants are entitled to the grant of anticipatory bail under Section 482 of the BNSS despite the previous withdrawal of a similar application and the presence of a suicide note naming them.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail.

It examined the elements of Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, concerning the abetment of suicide.

The Court also adhered to the principle of parity in bail matters, considering the previous grant of bail to a similarly situated co-accused.

The Court evaluated the facts and circumstances alongside the submissions from both parties.

While the State opposed the bail citing the rejection of another co-accused’s bail (MCRCA No. 41 of 2026), the Court placed significant weight on the fact that one co-accused, Rajendra Golchha, had already been granted bail by the same Court.

The Court noted the specific allegations regarding the monetary dispute and the withdrawal of the first application as procedural history.

Based on the principle of parity and the overall circumstances of the case, the Court found it fit to exercise its discretion in favor of the applicants.

The Court answered the issue in the affirmative, directing that in the event of arrest, the applicants be released upon executing a personal bond with one surety.

Relief was granted subject to specific conditions: the applicants must not influence witnesses, must cause no prejudice to the trial, must appear for all court dates, must provide verified Aadhaar/photograph identification, and must not engage in similar future offenses.