01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023, following his wife’s suicide by hanging
¶ 1The prosecution alleged that disputes arose from the applicant’s relationship with another woman and that a quarrel between the spouses occurred shortly before the suicide; a suicide note was produced during the investigation
¶ 2The applicant argued that the note disclosed no abetment, the charge-sheet had been filed, he had no criminal antecedents, and he had been in custody since 18 August 2026
¶ 3The State opposed bail, relying on the alleged frequent quarrels and the allegations in the note
¶ 402Issues
i.1. Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the allegations and the circumstances of the case
¶ 1, 5–6ii.2. Whether the material prima facie disclosed abetment of suicide within the meaning of Section 45 of the BNS
¶ 603Law Applied
Section 483 of the BNSS empowers the Court to grant bail
¶ 1Section 108 of the BNS was the offence alleged against the applicant
¶ 1In assessing the bail application, the Court considered whether the material prima facie disclosed the ingredients of abetment under Section 45 of the BNS, including a specific act of abetment to commit suicide
¶ 6No precedent was cited.
Provisions in the judgment · 7 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 108Section 45Section 269Section 209
04Reasoning
The Court considered the suicide note and the allegations of marital disputes but concluded that no specific act of abetment to suicide was prima facie disclosed, and that the ingredients of Section 45 of the BNS did not appear to be made out
¶ 6It also weighed the applicant’s lack of criminal antecedents, his custody since 18 August 2026, the filing of the charge-sheet, and the likelihood that trial would take time
¶ 6On those grounds, it found bail appropriate.
¶ 605Holding
The Court allowed the bail application
¶ 6–7ordered the applicant’s release on a personal bond of ₹50,000 with one surety for the like sum, subject to conditions concerning adjournments, court appearances, and attendance at specified trial proceedings
¶ 6–7Original Court PDF
DURYODHAN SAHARE @ ABHAY SAHAREvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
