Grant of regular bail for abetment of suicide where refusal to marry follows prolonged consensual relationship.

The appellant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) following the rejection of his bail plea by the Special Judge (Atrocity Cases), Vadodara

The case arose from FIR C.R. No. 11196012250584 of 2025, alleging the appellant committed an offence under Section 108 of the Bharatiya Nyaya Sanhita (BNS) (Abetment of suicide) and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

The prosecution alleged that the appellant, after a two-year relationship and a promise to marry, refused to marry the 21-year-old victim and told her to die, leading to her suicide

The appellant contended that the FIR was an afterthought filed with a four-day delay and that the investigation was complete with a charge-sheet already filed

1. Whether the appellant is entitled to regular bail under Section 14-A of the Atrocity Act and Section 483 of the BNSS, considering the completion of the investigation and the nature of the allegations

2. Whether the bar under Section 18 of the Atrocity Act is applicable to the present case

The court primarily applied Section 108 of the BNS regarding abetment of suicide and Section 3(2)(v) of the SC/ST Act

It adhered to the general principles of bail as established by the Supreme Court, emphasizing that bail is the rule and jail is the exception

The court relied on Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710 to determine that the statutory bar under Section 18 of the Atrocity Act did not apply

It further invoked the standards for judicial discretion in bail matters set forth in Sanjay Chandra v. Central Bureau of Investigation (2012) 1 SCC 40

The court reasoned that since the charge-sheet had already been filed, the appellant’s custody was no longer required for recovery or discovery purposes

The court noted the appellant is a 21-year-old married man and that the trial would likely take significant time to conclude; thus, continued incarceration would amount to "pre-trial conviction"

While acknowledging the gravity of the victim's suicide, the court balanced this against the lack of past antecedents and the fact that the relationship was consensual for two years before the refusal to marry

The court determined that the factors of character, behavior, and the likelihood of the accused fleeing or repeating the offense favored the grant of bail, provided strict conditions were imposed to protect the interest of the prosecution

The appellant was ordered to be released on regular bail upon executing a personal bond of Rs. 25,000/- with one surety [...] subject to specific conditions, including surrendering his passport, marking presence at the police station monthly for six months, and a six-month prohibition on entering Vadodara City except for court or police reporting