Regular bail granted for abetment of suicide following charge-sheet filing and lack of criminal antecedents.

The applicant filed a First Bail Application seeking release in connection with Crime No. 07/2025.

The prosecution alleges that between December 22 and 24, 2024, the applicant frequently quarreled with and assaulted his wife while under the influence of alcohol.

Following these disputes, the wife fled to a forest with their 14-month-old daughter; both were subsequently discovered dead by hanging.

The applicant was arrested on January 6, 2025, and the police have since completed the investigation and submitted a charge-sheet.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for the alleged offence of abetment of suicide.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with discretionary power to grant regular bail.

Section 108 of the Bharatiya Nyaya Sanhita (BNS), which defines and penalizes the abetment of suicide.

Standard judicial parameters for bail, including the absence of criminal antecedents, the filing of the charge-sheet, and the duration of the applicant's incarceration.

The court examined the competing interests of the State and the liberty of the accused.

The State opposed bail by highlighting the gravity of the incident involving the death of a mother and child and the presence of physical injuries noted in the post-mortem report.

The applicant argued there was no direct evidence connecting him to the alleged commission of the offence beyond general allegations of domestic disputes.

The court observed that the investigation reached finality with the filing of the charge-sheet and noted the applicant’s lack of criminal history.

Recognizing that the trial would likely be prolonged and that the applicant had been in judicial custody since January 6, 2025, the court concluded that continued detention was not warranted provided the applicant complied with strict procedural conditions to ensure his presence during trial.

The holding is contingent upon several conditions: the applicant must not seek adjournments during witness examination, must appear on all trial dates (personally or through counsel), and must appear in person for specific stages of the trial including the framing of charges and recording of statements under Section 351 of the BNSS.

Default in these conditions authorizes the trial court to treat the default as an abuse of the liberty of bail and initiate proceedings under Sections 209 or 269 of the BNS.