One of my friend's wife has recently committed suicide and her mother has filed a complaint against our friend. He has been arrested under IPC 306 and is in judicial custody right now. Here is quick history of the case:
The lady committed suicide on the birthday of their child after an argument over the celebrations. My friend walked out of the house thinking that will calm her down. However, after 20-25 mins he got a call from the landlord that his wife has committed suicide by hanging herself from the fan. He rushed back to his house and by that time police was also there. Police found the room locked from inside and their child was also in the room. The lady's body was sent for postmortem.
By evening both the boy & deceased wife's families arrived at the spot and in intial statements girl's family didn't communicate any desire to frame charges against my friend. Hence, police didn't arrest him and asked both families to come to police station next day to finish off paper work.
However, next morning after girl's maternal uncle arrived just before the papers were cleared, her mother changed statement and they requested police to file case. This is what was stated in FIR by her mother -
"I called my daughter at 6 PM to wish her on her son's birthday. When I spoke to her she seemed afraid & said that her husband fights with her and is forcing her to commit suicide. I called her husband immediately however he disconnected the phone. At 6:30 her husband called us to inform that their daughter has committed suicide by hanging herself from fan. My daughter used to complaint against her husband in past as well that he troubles her and might make her die. We are sure that because of all this she has taken this step and please take action against him."
I am posting this message here to take some suggestions from the forum because my friend's family & ourselves are confused over the suggestions given by different lawyers. Some lawyers are saying that he can be out on bail within a month. Others say, don't try to get bail before 3-4 months else it will go against him. We are very confused due to this as we need to ensure that the guy comes out on bail asap as the his two year old kid is in real bad shape (imagine him - mom is dead and dad is in jail). Also, the guy is the only earning member of the family and if he doesn't come out of jail at earliest - his job would be in trouble too. We all know that he has not done anything wrong because the relation of his wife & himself were pretty normal. In fact, that morning they had gone out together and had celebrated. Only issue which girl's family has brought up is that my friend had some extra marital affair and because of that they had problems in their marriage and hence his wife commited suicide which is absolutely wrong. Probably his wife used to doubt her because of the fact that he was working in a multi-national company and the work culture is pretty open there these day. Anyways, my question are:
(A) Is it possible that the guy can get out of jail on bail within a month's time?
(B) If yes, on what grounds?
(C) How strong do you see the case in his favour by these facts?
(D) Any information that we must seek in order to make the case stronger in his favour?
If any other info is required, I will post it here. Please advise at earliest as it's extremely important for him to come out for his kid's wellbeing.