Bail granted where alleged heat-of-passion homicide lacked eyewitness, last-seen, and recovery evidence.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under Sections 103(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that, during a quarrel concerning employment, the petitioner pushed his wife against a wall, causing a head injury from which she died. He was arrested and remanded to judicial custody; the investigation was completed and a charge-sheet filed.

The petitioner denied the allegations and sought bail, while the State opposed release on the grounds of the seriousness of the offence and the risk of witness tampering.

The petition was considered under Section 483 of the BNSS, 2023, identified in the judgment as corresponding to Section 439 of the CrPC, which provides for the High Court’s power to grant bail.

The alleged offences were under Sections 103(1) and 351(2) of the BNS.

The petitioner argued that the absence of intention to murder meant the case could, at most, fall within Section 105 of the BNS; the Court referred to that submission but did not determine the petitioner’s guilt or finally classify the alleged offence.

In assessing the bail application, the Court noted that the prosecution case arose from a quarrel and that the post-mortem report attributed death to a skull injury. It also observed that there were no eyewitnesses or last-seen witness, and that no recovery had been made at the petitioner’s instance.

The Court considered the incident as having occurred in the heat of passion, the petitioner’s contention that he lacked the intention to cause the fatal injury, the fact that the investigation was complete and the charge-sheet filed, and that the petitioner had two young children. On those circumstances, it held that the petitioner was entitled to regular bail, without treating its observations as a final determination of the case.

The conditions required him not to threaten or tamper with prosecution witnesses, to attend the trial court as required, and not to engage in similar or other offences; breach of any condition could form the basis for seeking cancellation of bail.