### Anticipatory Bail Granted Where Suicide Allegation Lacked Direct Evidence of Instigation or Harassment

The applicant, Mehtab Bai (mother-in-law of the deceased), sought anticipatory bail regarding Crime No. 26 of 2026 registered at Police Station Mrigwas, District Guna, for offences under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita (BNS).

The prosecution alleged that the applicant subjected the deceased to persistent harassment and physical assault over household chores, leading the deceased to commit suicide by hanging.

The applicant contended she was falsely implicated, citing that the marriage was a "cross-marriage" (vatta-satta) without dowry, the deceased had stayed with her only briefly, and that the deceased was actually pressured by her own parental family.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, based on the facts and circumstances of the alleged abetment of suicide.

The Court primarily applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, regarding the power to grant anticipatory bail.

The charges against the applicant were framed under Sections 108 (Abetment) and 3(5) (Joint Liability/Common Intention) of the Bhartiya Nyaya Sanhita (BNS).

The court also considered established principles governing bail, specifically the gravity of the offence balanced against the likelihood of the accused fleeing from justice.

The Court examined the competing claims of the parties.

It noted the applicant's defense that there was no specific overt act attributed to her and no direct evidence of harassment to meet the threshold of abetment.

The Court observed that the material on record did not suggest that the applicant posed a flight risk or would evade justice.

Without commenting on the ultimate merits of the criminal charges, the Court found that the facts and circumstances justified the protection of the applicant's liberty pending investigation, provided she cooperated with the authorities.

It directed that in the event of arrest, the applicant be released on a personal bond of Rs. 50,000 with one solvent surety, subject to conditions including: full cooperation with the investigation/trial, no tampering with evidence or threatening witnesses, and obtaining court permission before leaving the country.