Bail in non-bailable offences depends on prima facie material, grave accusations, and risk of tampering with evidence.

In non-bailable offences, bail turns on the nature and gravity of the accusation, the character of the evidence, the accused's relationship to the victim and witnesses, the risk of flight, and the possibility of tampering with evidence. The proviso to Section 437 CrPC for women is a relevant factor, but it does not create an absolute right to bail. Where suicide notes and witness statements disclose a prima facie role in alleged harassment or conspiracy, prolonged custody alone is insufficient to justify release. On those facts, bail was refused.

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Issues: Whether the petitioner was entitled to bail in a case involving allegations of abetment of suicide, having regard to the proviso to Section 437 of the Code of Criminal Procedure, 1973, the seriousness of the ations, and the likelihood of tampering with evidence.

Analysis: In considering bail in a non-bailable offence, the relevant factors include the nature and gravity of the accusation, the character of the evidence, the position of the accused in relation to the victim and witnesses, the possibility of flight, and the apprehension of tampering with evidence. The proviso for women under Section 437 of the Code of Criminal Procedure, 1973 is not an absolute entitlement to bail. Custody for a considerable period by itself does not justify release where the allegations are grave and the material on record discloses a prima facie role in creating circumstances alleged to have driven the deceased to suicide. The suicide notes and witness statements were treated as showing sufficient material at this stage to connect the petitioner with the alleged harassment and conspiracy.

Conclusion: Bail was rightly refused; the petitioner was not entitled to release on bail on the facts of the case.

Ratio Decidendi: In non-bailable offences, bail depends on the prima facie material, gravity of the offence, and risk of witness or evidence tampering, and the woman-specific proviso to Section 437 is only a relevant consideration, not an absolute right to bail.

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