Anticipatory bail was warranted for a woman accused after investigation ended, absent special grounds for denial.

The petitioner, Accused No. 2 and the deceased’s mother-in-law, sought anticipatory bail in Crime No. 117/2026, registered for an offence under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The prosecution alleged that, during a panchayat on 22 June 2026, the petitioner and Accused No. 1 abused the deceased and told him to die; the deceased died by suicide by hanging the following day.

The State opposed bail, submitting that the charge sheet had been filed, the petitioner had not been available during the investigation, and her release could affect the trial.

1. Whether the petitioner was entitled to anticipatory bail under Section 482 of the BNSS, notwithstanding the alleged offence and the State’s objections.

2. Whether appropriate conditions could address concerns about the petitioner’s attendance, the investigation, and the conduct of the trial.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for anticipatory bail.

The Court also referred to Section 480 of the BNSS in observing that the petitioner’s status as a woman supported the grant of bail absent a serious or special ground for refusal.

The Court noted that the alleged offence under Section 108 read with Section 3(5) of the BNS was punishable with a maximum of ten years’ imprisonment and was not punishable with death or imprisonment for life.

The Court proceeded on the basis that a prima facie case could be assumed, without determining the petitioner’s innocence at the bail stage.

It considered that the investigation was complete and the charge sheet filed, so the petitioner’s presence was not required for further investigation at that point.

The Court also noted her status as a woman and the absence of material showing prior criminal antecedents.

It held that the State’s concerns about attendance and interference with the trial could be addressed through conditions.

The police were directed to release the petitioner on bail in the event of arrest, on a personal bond of ₹2,00,000 with two sureties for the like sum, subject to conditions including surrender before the Investigating Officer within 15 days, cooperation with investigation if required, attendance before the Magistrate and Trial Court when directed, non-interference with witnesses or the trial, and refraining from similar or other offences during the case.

The order preserves the Investigating Officer’s ability to seek the Magistrate’s prior permission for the petitioner’s custody if custodial interrogation becomes necessary in further investigation.