Regular bail granted in abetment of suicide case lacking suicide note and dying declaration.

The applicant, the husband of the deceased (Leela Gilhare), sought regular bail following his arrest on November 3, 2025

The prosecution alleged that the deceased committed suicide by hanging on August 12, 2025, due to ill-treatment and torture by the applicant

A First Information Report (FIR) was lodged on October 24, 2025, under Section 108 of the Bharatiya Nyay Sanhita (BNS), 2023

The applicant contended that the deceased committed suicide because he did not like her, and emphasized that the investigation was complete with the charge sheet already filed

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

The court primarily applied Section 483 of the BNSS, 2023, regarding the power of the High Court to grant bail

The substantive offense was governed by Section 108 of the BNS, 2023 (equivalent to Section 306 of the Indian Penal Code, 1860), pertaining to the abetment of suicide

The court further utilized procedural safeguards under the BNSS, specifically Section 269 (attendance of accused), Section 84 (proclamation for absconding persons), Section 209 (punishment for non-appearance), and Section 351 (recording of statements), to frame bail conditions

In evaluating the bail application, the court considered the totality of the circumstances and the evidence on record.

It noted that while the cause of death was confirmed as asphyxia resulting from hanging, there was a significant absence of a suicide note or a dying declaration incriminating the applicant

The court highlighted that the applicant had been in detention since November 3, 2025, and that the charge sheet had already been filed before the competent court, indicating the completion of the investigation

Given that the trial was likely to take a considerable amount of time to conclude, the court found no justification for continued incarceration and determined that the applicant was entitled to liberty subject to strict trial-related conditions

The holding was predicated on the lack of direct documentary evidence (suicide note) and the procedural stage of the case

The court imposed several conditions, including a prohibition on seeking adjournments during witness testimony, mandatory presence during key trial stages (framing of charges and recording of statements under Section 351 BNSS), and warned that any misuse of liberty or failure to appear would result in proceedings under Sections 209 and 269 of the BNS/BNSS