Specific suicide-note allegations of sustained harassment and assault justified refusal of anticipatory bail in an abetment case.

The applicant and the deceased were married in April 2018 and had two children.

The deceased allegedly died by suicide by hanging during the intervening night of 2–3 April 2026.

On information given by the applicant’s father, Marg No. 49/2026 was registered, followed by an inquest and post-mortem examination.

A suicide note allegedly written by the deceased was seized and sent for handwriting examination.

During the merg inquiry, statements of the deceased’s relatives were recorded.

Subsequently, on 16 August 2026, Crime No. 380/2026 was registered at Police Station Arang, District Raipur, for an offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), contending that the FIR was lodged after a delay of more than four months, that the allegations arose from matrimonial discord, and that no proximate act of instigation or intentional aid was attributable to him.

The applicant’s earlier anticipatory bail application had been rejected by the Third Additional Sessions Judge, Raipur, on 21 August 2026.

1. Whether the applicant was entitled to anticipatory bail under Section 482 of the BNSS in connection with the allegation of abetment of suicide under Section 108 of the BNS.

2. Whether the allegations in the suicide note and the other material in the case diary disclosed sufficient prima facie involvement of the applicant to justify rejection of anticipatory bail.

The Court applied Section 482 of the BNSS, 2023, which empowers the High Court or Court of Session to grant anticipatory bail where a person apprehends arrest for a non-bailable offence.

The alleged substantive offence was under Section 108 of the BNS, 2023, concerning abetment of suicide.

In determining whether anticipatory bail should be granted, the Court considered the material in the case diary and whether the allegations disclosed prima facie involvement in the alleged offence, while expressly avoiding any final assessment of the merits.

The Court considered the suicide note and the surrounding material in the case diary, particularly the allegations of the applicant’s extra-marital affair, repeated harassment, abusive language, physical assault, dowry-related taunts and demands, and humiliation of the deceased and her family.

Although the applicant relied on the delay in registration of the FIR, the pending handwriting examination, his alleged absence from the place of occurrence, and the lack of a specific proximate act of instigation, the Court found that the suicide note contained specific and serious allegations prima facie connecting him with the circumstances leading to the suicide.

On that basis, and without expressing any final opinion on the merits, the Court held that the applicant did not deserve the discretionary protection of anticipatory bail.

The application under Section 482 of the BNSS in connection with Crime No. 380/2026, Police Station Arang, District Raipur, for the alleged offence under Section 108 of the BNS, was rejected.

The Office was directed to furnish a certified copy of the order to the concerned trial court for information.