#women accused

The Rajasthan High Court granted bail to a woman accused of possessing 5.10 gm of heroin, well below the 250 gm commercial threshold, highlighting her gender and clean record as decisive factors in overcoming the presumption against bail under the NDPS Act. This ruling reinforces that personal circumstances, not just quantity, can tip the balance in favor of liberty when investigation is ongoing and custody is prolonged.

The Bombay High Court granted bail to a woman accused under Section 103(1) and 3(5) BNSS, holding that completion of investigation and parity with a co-accused who received bail override the gravity of the offence. This reinforces that Section 480 BNSS’s gender-based bail protection is not negated by the nature of the crime, setting a clear precedent for female accused in complex criminal cases.

The Allahabad High Court granted bail to Anita Devi under Section 483 BNSS, holding that the completion of investigation and absence of prior criminal history outweigh the gravity of financial fraud allegations when no evidence suggests flight risk or evidence tampering. This reinforces that gender and lack of antecedents are decisive factors in bail decisions under the new criminal code, especially for non-violent economic offenses.

The Andhra Pradesh High Court ruled that mere parental intervention to dissuade unwanted advances does not constitute abetment to suicide under BNSS Section 108 unless there is evidence of instigation or coercion. The court granted anticipatory bail to a mother and daughter, emphasizing the absence of prima facie abetment where the deceased had financial troubles and no direct role in the suicide was established.