Bail granted where charge-sheet facts prima facie weakened allegations of abetment of suicide.

The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Th. Rampur P.S. Case No. 50 of 2026, corresponding to C.T. Case No. 62 of 2026, in which he was charge-sheeted under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023, for allegedly subjecting his wife to cruelty and abetting her suicide.

According to the charge-sheet, the petitioner’s nephew suffered a fracture after falling from a roof. A quarrel followed between the petitioner and the deceased regarding money for the nephew’s treatment; the petitioner took Rs.8,000/- to the hospital, after which the deceased allegedly committed suicide by hanging.

The petitioner had remained in custody since 13 April 2026.

The post-mortem report recorded a ligature mark on the deceased’s neck, while the cause of death was pending viscera analysis.

Whether the petitioner should be released on bail under Section 483 of the BNSS, 2023, having regard to the allegations, the charge-sheet material, and his period of pre-trial detention.

Whether the materials disclosed a sufficient basis, at the bail stage, to attribute to the petitioner the offence of abetment of suicide under Section 108 of the BNS, 2023.

The Court applied Section 483 of the BNSS, 2023, which empowers the High Court to consider and grant bail in appropriate cases.

The alleged offences were under Sections 85 and 108 of the BNS, 2023, concerning cruelty and abetment of suicide, respectively.

At the bail stage, the Court was required to assess the allegations and available materials on a prima facie basis, without conducting a definitive determination of guilt or expressing an opinion on the merits.

The Court also considered the petitioner’s pre-trial detention and the surrounding circumstances disclosed in the charge-sheet and post-mortem report.

The Court noted that the prosecution alleged that the petitioner’s cruelty and torture had driven his wife to suicide.

However, the charge-sheet material specifically indicated that the immediate dispute concerned money for the medical treatment of the petitioner’s nephew, that the petitioner took Rs.8,000/- to the hospital, and that the deceased thereafter committed suicide.

Although the post-mortem report recorded a ligature mark, the cause of death remained pending viscera analysis.

Considering these circumstances, the available materials, and the petitioner’s custody since 13 April 2026, the Court found it appropriate to grant bail, while expressly refraining from making any observation on the merits of the case.

The petitioner was directed to be released on bail upon furnishing a bond of Rs.50,000/- with two solvent sureties of the like amount to the satisfaction of the court in seisin of the case, subject to such further terms and conditions as that court might impose.

The BLAPL was accordingly disposed of, and the order was directed to be communicated electronically to the concerned trial court and jail authorities.