Regular bail granted after prolonged custody, with no criminal antecedents and two minor children to care for.

The petitioner, accused of offences under Sections 85 and 103(1) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), after the Sessions Court rejected his bail application.

The deceased was his wife, with whom he had two minor children. The prosecution alleged that, during a quarrel on 24 September 2025, the petitioner struck her on the head with a wooden chapati roller; she was taken to hospital and died on 2 October 2025.

The petitioner had been in custody since 25 September 2025, had no other criminal antecedents, and undertook to cooperate with the trial.

1. Whether the petitioner should be enlarged on regular bail in the pending Sessions Case arising from the charges under Sections 85 and 103(1) of the BNS.

2. Whether the petitioner’s custody, lack of criminal antecedents, family circumstances, and undertaking to cooperate supported granting bail subject to conditions.

The Court considered the petitioner’s application under Section 483 of the BNSS, which empowers the High Court or Court of Session to grant bail, and the charges under Sections 85 and 103(1) of the BNS.

The order does not cite any precedent or set out a broader bail test; it assesses the circumstances relevant to the request, including custody, criminal antecedents, and the petitioner’s undertaking to cooperate.

The Court noted that the petitioner had been in custody for more than a year, had no other criminal antecedents, and had two minor children requiring care.

It also recorded that the post-mortem report stated that the deceased suffered cardiac arrest while undergoing treatment and could not be revived.

Considering these circumstances and the petitioner’s undertaking to cooperate in the expeditious disposal of the case, the Court concluded that his request for regular bail should be granted.

The petitioner be released on bail in S.C. No. 41/2026, subject to a personal bond of ₹1,00,000 with two sureties, one being a local surety, and conditions requiring regular court attendance, non-interference with prosecution witnesses, avoidance of similar offences, and no departure from the trial court’s jurisdiction without permission.