The court established that mere harassment without mens rea does not constitute abetment of suicide.

ORDER This first application has been filed by the applicants under Section 483 of BNSS , 2023 for grant of bail in connection with Crime No.582 of 2025 registered at Police Station - Rajgarh, District - Rajgarh(M.P.) for offence punishable under Sections 108, 85 and 3(5) of BNS, 2023. Applicants are in judicial custody since

02.09.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants are falsely implicated in the alleged offence merely for the reason that applicant No.1 Savitri Bai @ Chandi Bai is sister-in-law(Jaithani) and Kanchan Bai @ Kanchi Bai is sister-in-law(Nanand) of deceased. It is alleged that Ramnarayan, Savitribai and Kanchanbai had an Signature Not Verified altercation with deceased Parvati @ Paribai and her husband Prakash in the evening of 10.08.2025. Thereafter, Pari Bai left her home informing her husband that she is going to answer nature's call. Later, Pari Bai was found hanging with the help of Sari to a tree near her house. Learned counsel contends that there was no instigation or abetment or mensrea on the part of the applicants for unfortunate suicide of Pari Bai. Learned counsel relied on the judgments in Sanju @ Sanjay Singh Sengar Vs. State of M.P. reported in AIR 2002 SC 199; Amalendu Pal @ Jhantu Vs. State of West Bengal , reported in (2010) 1 SCC 707, Arnab Manoranjan Goswami Vs. State of Maharashtra and Others reported in 2020(SCC Online) SC 964 and Abhinav Mohan Delkar Vs. State of Maharashtra reported in 2025 INSC 990 to buttress his contentions. He further submits that the final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicants for the reason that they are homemakers and are not capable to influence the witnesses. Jail incarceration on false accusation would cause hardship to the applicants and dependent family members. They are ready to cooperate in the trial.

Per contra, learned counsel for the State ably assisted by learned counsel for the objector opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicants.

According to the material available on case diary, Prakash, husband of Paribai informed P.S. Rajgarh that his wife Paribai had left home around 09.00 p.m. on 10.08.2025. She did not return home. Later, Paribai was found hanging with the help of Sari at a tree. The parents of Paribai alleged that Ramnarayan, Kanchanbai and Savitribai use to harass Paribai over domestic Signature Not Verified issues and household chores. Prakssh also stated that in the evening of 10.08.2025, Ramnarayan, Savitribai and Kanchanbai had an altercation with him and his wife Paribai and they did not permit them to enter the house. On the same night, Pari Bai committed suicide by hanging. On such allegations, P.S. Rajgarh registered FIR for offence punishable under Sections 108, 85 and 3(5) of BNS, 2023. The applicant was arrested on 02.09.2025. They are in custody ever since. The final report has been submitted on completion of investigation. Further, prima facie mere harassment without any positive proximate action on part of the accused showing mens-rea to abet the suicide does not amount to abetment for suicide or reason for death of Paribai. The contentions raised by the applicant has prima facie substance. The veracity of prosecution will be determined after evidence in the trial.

As informed, the applicants Savitri Bai and Kanchan Bai are aged around 24 years and 32 years respectively and are homemakers. They have family responsibilities. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status