Bail granted where undated suicide note and lack of proximate instigation fail to establish abetment.

The applicant sought regular bail following his arrest in connection with F.I.R. No. 213 of 2025 under Section 108 of the Bharatiya Nyaya Sanhita (B.N.S.).

The prosecution alleged that the applicant obtained the mobile number of the deceased (a 34-year-old woman) on the pretext of employment, developed a closeness, and subsequently caused the stoppage of her salary when she refused further communication.

The deceased committed suicide by consuming poison on 12.07.2025, leaving an undated suicide note.

The applicant was arrested on 14.07.2025 and his bail application was rejected by the lower court on 30.10.2025.

Whether the applicant is entitled to the grant of regular bail during the pendency of the trial, considering the nature of the allegations and the ingredients of abetment under the B.N.S.

The court primarily applied Section 108 of the Bharatiya Nyaya Sanhita, 2023, which defines and provides punishment for the abetment of suicide.

It further relied on the settled legal principle that for an offense of abetment to be made out, there must be a deliberate and conscious act of instigation, conspiracy, or intentional aid, accompanied by clear mens rea.

The law requires a direct and proximate "live link" between the acts of the accused and the suicide of the victim.

The Court examined whether a prima facie case of instigation existed. It noted that while the deceased allegedly complained to her husband about the applicant prior to the incident, no formal complaint was lodged at that time, casting doubt on the prosecution's version.

The Court observed that the suicide note was undated and lacked a specific time, undermining its evidentiary value.

Furthermore, the Court evaluated the applicant's argument that since the deceased was already employed, the allegation regarding the pretext of providing employment was improbable.

It was determined that the material collected during investigation failed to establish a proximate or positive act of instigation or intentional provocation by the applicant that would drive a person to commit suicide.

Finally, the Court considered the applicant's lack of criminal history and his period of incarceration since July 2025.

The bail application was allowed. The Court ordered the release of Krishan Kumar alias Kishan on his executing a personal bond and furnishing two reliable sureties to the satisfaction of the concerned court.