Gujarat High Court
Rajdipsinh Aniruddhsinh Jadeja vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025
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Reserved On : 02/09/2025
Pronounced On : 09/09/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17571 of 2025
(FOR ANTICIPATORY BAIL)
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI : Sd/-
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Approved for Reporting Yes No
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RAJDIPSINH ANIRUDDHSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR BHAVESH A PATEL(5317) for the Applicant(s) No. 1
MR HARDIK DAVE, PP with MS JYOTI BHATT APP for the
Respondent(s) No. 1
MR VIRAT POPAT with MR SUMIT SIKARWAR for Original
Complainant
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
1. By filing instant applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11213016250314/2025 registered with Gondal Taluka Police Station for the alleged offences as mentioned in the FIR.
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2. Heard learned advocate, Mr. Manish Patel for the applicant, learned Public Prosecutor, Mr. Hardik Dave assisted by learned advocate, Ms. Jyoti Bhatt for the respondent - State of Gujarat and learned advocate, Mr. Virat Popat with learned advocate, Mr. Sumit Sikarwar for original complainant.
3. Learned advocate, Mr. Manish Patel has referred to the FIR and submitted that the so-called unfortunate incident has occurred on 05.05.2025 and on the very same day, FIR has been lodged against total 4 accused persons, wherein the applicant is shown as accused no.2. He submitted that the said FIR has been lodged by the brother of the deceased inter alia alleging that the deceased was found in the farm in hanging condition and from his custody, suicide note is recovered by the concerned Investigating Officer mentioning the name of the present applicant, therefore on the strength of it, the present applicant is arraigned as accused. He submitted that in fact, reason behind implicating the applicant in the alleged commission of crime is that there was past animosity between the brother of the complainant and the father of the applicant because of election process, for which, FIR was lodged by the deceased against the accused persons and thus, there was grudge against the deceased by the accused persons and second one is that in the suicide note purportedly signed by the deceased, the applicant's name is specifically mentioned but Page 2 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined except above two aspects, there is nothing available on record, which connected the applicant with the commission of crime.
4. Learned advocate, Mr. Manish Patel, referring to the allegations and accusation leveled in the FIR, submitted that it is alleged that a conspiracy has been hatched by the accused in connivance with each other with a sole intent to frame the deceased in a false offence and as a part of said conspiracy, FIR has been registered against him and, thereafter, the said news was publicized at a large scale, due to which, the deceased went into depress state of mind, which ultimately leads him to commit suicide. He, however, submitted that after registration of the FIR, the investigation was put into motion and the concerned Investigating Officer arrested 5 accused persons including one juvenile accused, who were subsequently chargesheeted before the competent court and at the time of filing chargesheet against those arrested accused, the applicant is shown as absconding accused. He referred to the chargesheet papers and submitted that except the suicide note, there is not a single evidence to suggest the involvement of the applicant to aid and instigate the deceased to commit suicide and thus, the applicant is not directly or indirectly connected and/or associated with the alleged commission of crime. He further submitted that in fact, the applicant had never come in contact with Page 3 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined the deceased and the role attributed to other co- accused is quite different and distinct and the documents collected by the concerned Investigating Officer do not connect the link between the applicant and other co-accused. He submitted that considering the allegations leveled against the applicant, custodial interrogation at this stage is not necessary and he will keep himself available during the course of investigation, trial also and will not flee from justice. He on instructions submitted that he is ready and willing to abide by all the conditions including imposition of conditions while releasing the applicant on anticipatory bail. It is, therefore urged that considering the above facts, the applicants may be granted anticipatory bail.
5. Learned Public Prosecutor, Mr. Hardik Dave appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He submitted that name and specific role is clearly spelt out in the body of the FIR. He submitted that in fact, there was strong motive on the part of the applicant to take revenge against the deceased as there was inimical terms due to past animosity between the parties. He submitted that in fact in the year 2020, on account of the election process, the disputes were cropped up between the parties, which resulted into filing of an FIR by the deceased. He further submitted that not only that, Page 4 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined the father of the applicant was convicted in an offence of murder, wherein the father of the applicant was granted remission by the Government, however, the said decision was challenged by the deceased by filing appropriate application before the Secretary, Home Department, however, the said application is still pending for adjudication, due to which, the applicant and other accused were keeping grudge against him because of initiation of proceeding for cancellation of remission. He further submitted that however the grandson of erstwhile MLA, Popat Sorathiya murdered by the applicant's father had preferred petition before this Hon'ble Court for cancellation of remission granted to the father of the applicant and this Hon'ble Court allowed the said petition and cancelled the remission granted to him, against which, SLP had been preferred, which has been recently dismissed by the Hon'ble Supreme Court and thus, the order passed by this Hon'ble Court cancelling the remission has been confirmed by the Hon'ble Supreme Court. He, however, submitted that the accused were having grudge against the deceased as he had initiated action for cancellation of the remission granted to the father of the applicant and registered FIR at earlier point of time, therefore, keeping grudge against the said fact, they have hatched a criminal conspiracy to take revenge against the deceased and as a part of conspiracy, a well Page 5 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined designed sinister plan has been orchestrated by all the accused persons in connivance with each other and, thereafter under the pretext of involving the deceased in a false offence, the deceased would be pressurized to withdraw the proceedings instituted against them and thus, there was strong motive on the part of the applicant to aid, abet and instigate the deceased to commit suicide, which they have executed successfully.
6. Learned Public Prosecutor, Mr. Hardik Dave submitted that the incident has occurred on 05.05.2025 and on the very same day, FIR has been lodged and pursuant thereto, the investigation was put into motion and during the course of investigation, the concerned Investigating Officer has collected ample evidence and material connecting the present applicant with the commission of crime. He submitted that however applicant is evading his arrest at the hands of the concerned IO, therefore, an application under Section 70 of the CrPC for issuance of warrant against the applicant was moved, however as it was not in consonance with the provision of law as laid down by the Hon'ble Supreme Court, the said application was not entertained by the concerned court. He, however under the instructions, submitted that in fact, the concerned Investigating Officer is in process to file a fresh application with proper wording as per the Page 6 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined applicable provision of law and thus the concerned Investigating Officer is in process of securing the presence of the applicant for the purpose of his custodial interrogation, which is badly needed in the present case for further investigation qua the applicant.
7. Learned Public Prosecutor, Mr. Hardik Dave further submitted that as stated above, during the course of investigation, the concerned Investigating Officer has seized suicide note purported signed by the deceased and after its seizure, it was sent to FSL for the purpose of seeking opinion of handwriting expert, which has been received and the said report clearly goes on to show that the handwriting found on the suicide note are matching with the handwriting of the deceased. He, however, submitted that in fact, there are total 4 pages of the suicide note, out of which, handwriting upon 3 pages are matching, whereas on 1 page, the handwriting is not matching, therefore, the said document is treated as disputed document. He further submitted that so far as fourth page of the suicide note mismatching with the handwriting of the deceased is concerned, the investigation qua that is also going on. He referred to the contents of the suicide note and submitted that specific name and role of the applicant is clearly spelt out from the said suicide note and thus involvement of the applicant is established. He further submitted that so far as the conspiracy is Page 7 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined concerned, during the course of investigation, involvement of two advocates, who are practicing in the District Court, has been found out, therefore, they were arrested and subsequently released on bail by the concerned court. He submitted that it is the specific case of the prosecution that with a sole intent to frame the deceased in false case under the provision of the POCSO, all the accused persons had hatched conspiracy and a well designed plan has been orchestrated by the accused and as a part of said conspiracy, they have acted upon by arranging honey trap and accordingly one minor girl was engaged to go with the deceased and develop physical relations with the deceased and after the said act, the said lady reached to the hospital for treatment, where two accused, who are advocate by profession, reached there and, thereafter, the said lady had given bite about the involvement of the deceased and then, as a part of their conspiracy, they called media and publicized the said news at a large scale and, thereafter on the very next day, the deceased had committed suicide and thus, the active involvement of the applicant as well as other accused is clearly found out.
8. Learned Public Prosecutor, Mr. Dave further submitted that so far as the accused, Rahim Baloch is concerned, the said accused was in constant touch with one Pooja Rajgor (the accused no.4) and the said fact is fortified from the CDR collected Page 8 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined by the Investigating Officer during the course of investigation and thus it is clear that all the accused are closely connected and associated with each other at the time of commission of crime. He submitted that in fact, the said accused, Rahim Baloch is a driver of one Attaullakhan and the said work was entrusted to said Rahim Baloch by the said Attaullakhan and in relation to this, the present applicant had made number of phone calls to the said Attaullahkhan and thus, it is evident that the applicant was in live contact with the said Attaullahkhan, who is not yet arrested. He, therefore, submitted that to connect the applicant with the commission of crime, there are CDR collected by the IO between the applicant and the said Attaullahkhan and thus, there are ample evidence available on record, which connect the applicant with the commission of crime. It is, therefore, urged that considering the above facts, the present applications may be rejected as there is prima facie case made out against the applicant and the custodial interrogation of the applicant is required.
9. Learned advocate, Mr. Virat Popat appearing for the original complainant has also vehemently opposed the present application and submitted that he is adopting the arguments canvassed by learned Public Prosecutor appearing for the respondent - accused as almost all arguments have been covered. He, however, submitted that involvement of the Page 9 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined applicant in connivance with other accused in the commission of crime is clearly spelt out from the chargesheet papers. He further submitted that during the course of investigation, the statements of number of witnesses have been record, which clearly goes on to show the involvement of the applicant in the commission of crime. He further submitted that it was just because of the act and conduct of all the accused persons, the deceased had committed suicide and the said fact is supported by the investigation papers.
10. Learned advocate, Mr. Popat further submitted that during the course of investigation, the statements of number of witnesses have been recorded, which are part and parcel of the chargesheet papers and if the Hon'ble Court would make cursory glance upon the contents of the statement of one Rinal, in that event, it is found out that she has stated in a very categorical terms that she was approached by the co-accused with a sole intent to frame the deceased, however as she was not ready and agreeable to support them, the accused persons have taken help of one minor girl by sending her to the deceased so that provision of POCSO Act can be invoked and in their attempt, they have succeeded. It is, therefore, urged that considering the facts of the case and the seriousness of the offences, discretion may not be exercised in favour of the applicant and the present application may be rejected.
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11. Having heard the learned advocates appearing for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicants including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicants to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicants by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided.
12. It is required to be noted that normal procedure prescribed for curtailing the right to life & liberty, is that the investigating officer can arrest the accused even without warrant. No doubt this Court has extraordinary power to protect an innocent person. However, this power has to be exercised by the Courts with due circumspection.
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13. It is well settled that an application preferred for anticipatory bail is an exceptional remedy to be granted in exception cases. The parameters and considerations governing the grant of anticipatory bail have been explained by the Hon'ble Supreme Court in number of cases. At this stage, I would like to rely upon the law laid down by the Hon'ble Supreme Court in the case of (i) State Rep. by the CBI V/s Anil Sharma reported in 1997 (7) SCC 187,
(ii) Adri Dharan Das V/s State of W.B. reported in 2005 (4) SCC 303 (iii) P. Chidambaram V/s Directorate of Enforcement reported in AIR 2019 SC 4198, wherein the Hon'ble Supreme Court has held held as follows:
"The legislative intent behind the introduction of Section 438 CrPC is to safeguard the individual's personal liberty and to protect him from the possibility of being humiliated and from being subjected to unnecessary police custody. However, the court must also keep in view that a criminal offence is not just an offence against an individual rather the larger societal interest is at stake. Therefore, a delicate balance is required to be established between the two rights - safeguarding the personal liberty of an individual and the societal interest.
Ordinarily, arrest is a part of procedure of the investigation to secure not only the presence of the accused but several Page 12 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined other purposes. There may be circumstances in which the accused may provide information leading to discovery of material facts and relevant information. Grant of anticipatory bail may hamper the investigation. It may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation. Pre-arrest bail is to strike a balance between the individual's right to personal freedom and the right of the investigating agency to interrogate the accused as to the material so far collected and to collect more information which may lead to recovery of relevant information. In this view, it cannot be said that refusal to grant anticipatory bail would amount to denial of the rights conferred upon the appellant/applicant under Article 21 of the Constitution of India.
Consequently, power under Section 438 CrPC being an extraordinary remedy, has to be exercised sparingly; more so, in cases of economic offences. Economic offences stand as a different class as they affect the economic fabric of the society. The privilege of the Page 13 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined pre-arrest bail should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after application of mind as to the nature and gravity of the accusation; possibility of the applicant fleeing justice and other factors to decide whether it is a fit case for grant of anticipatory bail. Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail. Section 438 CrPC is to be invoked only in exceptional cases where the case alleged is frivolous or groundless. Anticipatory bail is to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exist to resort to that extraordinary remedy".
Having regard to nature of allegations and stage of investigations, held investigating agency must be given sufficient freedom in process of investigation. Appellant not entitled to anticipatory bail as the same would hamper the investigation".
14. In case of Pratibha Manchanda and another Vs. State of Haryana and another reported in (2023) 8 SCC 181, the Hon'ble Apex Court in Paragraph No.21, observed as under:-
"21. The relief of anticipatory bail is aimed at Page 14 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. The court's discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome."
15. At this stage, it is required to be noted that as this application has been preferred under the provisions of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, I court would like to refer the decision of the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra & Ors.,, reported in (2011) 1 SCC 694, more particularly Paragraph Nos.14 & 112, which read as under :-
"14. It is clear from the Statement of Objects and Reasons that the purpose of incorporating Section 438 in the Cr.P.C. was to recognize Page 15 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined the importance of personal liberty and freedom in a free and democratic country. When we carefully analyze this section, the wisdom of the legislature becomes quite evident and clear that the legislature was keen to ensure respect for the personal liberty and also pressed in service the age- old principle that an individual is presumed to be innocent till he is found guilty by the court.
112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail: The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; the antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; The possibility of the applicant to flee from justice; The possibility of the accused's likelihood to repeat similar or the other offences. Whereas the accusation have been made only with the object to injuring or humiliating the applicant by arresting him or her. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the Page 16 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined exact role of the accused in the case."
16. Now coming back to the facts of the case, it is the specific case of the prosecution that with a sole intent to take revenge from the deceased, a systematic well designed plan has been orchestrated and as a party of it, the accused have created pressure upon the deceased to withdraw the complaint filed by him and when he did not succumb to the same, they arranged one honey trap and sent one minor girl with the deceased to develop physical relations and, thereafter, she had gone to hospital for the purpose of treatment, where two accused, who are advocate by profession, reached there as a party of their conspiracy and on giving bite of information about the involvement of the deceased, those two accused called media and publicized the said news at a large scale with a sole intent to tarnish the image of the deceased, as a result of which, the deceased went under depress state of mind, which leads him to commit suicide by hanging himself and while committing suicide, he left one suicide note mentioning the specific name and role of the accused therein, therefore, FIR has been lodged, wherein the applicant is shown as accused no.2. After registration of the FIR, the investigation was put into motion and during the course of investigation, other accused persons, who are also involved in the commission of crime, were arrested but subsequently they were released Page 17 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined on bail by the court concerned. After conclusion of the investigation, the chargesheet came to be filed against the arrested persons, wherein the applicant is shown as absconding accused. I have considered the investigation papers provided by learned Public Prosecutor during the course of arguments and found that there are ample material and evidence available, which connect the applicant with the commission of crime. Not only that, from the chargesheet papers, it is also found out that the applicant is also actively involved in hatching conspiracy as also in executing the same, wherein one innocent person has lost his valuable life.
17. It is required to be noted that a person who does not himself commit a crime, may however command, urge, encourage, induce, request, or help a third person to bring it about and thereby be guilty of the offence of abetment. The term 'abet' in general usage means to assist, advance, aid, conduce, help and promote. In Corpus Juris Secundum, the meaning of the word 'abet' has been given as "To abet has been defined as meaning to aid; to assist to give aid; to command, to procure, or to counsel, to countenance, to encourage, counsel, induce, or assist, to encourage or to set another on to commit". The death of a person attracts many offences to be determined. In other words, death can take place by culpable homicide, murder, suicide or abetment Page 18 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined to suicide and facts and circumstances of case constitute a particular crime. Further, if a person commits suicide due to reason not known, nobody is liable for that incident but if a person commits suicide due to abetment of somebody, it is a serious matter and a crime punishable to the abettor. The essence of abetment is active and intentional assistance of a person to the perpetrator of an offence. It is therefore essential to keep in mind when considering the law relating to abetment is the requirement of mens rea as a precondition for liability. As can be gauged from a plain reading of Section 107 of the IPC, instigation, engaging with another in a conspiracy to do a thing or intentionally aiding another are all acts in which the person abetting knowingly encourages or assists another person in the commission of the offence. Thus, knowledge about the act and its effect is implicit in the construction of the provision itself. Further, the first form of abetment is by instigation. The word 'instigate' literally means to provoke, incite, urge on or bring about by persuasion to do anything. It denotes incitement or urging to do some drastic or unadvisable action to stimulate or incite. A person is said to instigate another when he urges forward or provokes, incites, urges or encourages such person to do an act prohibited by law. Instigation may be in any form. Law does not require instigation to be in a particular form or Page 19 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined that it should only be in words. The instigation may be by conduct. Instigation to commit suicide is inferred from a series of acts on the part of accused that led to the creation of such circumstances where the deceased had no other option left with him/her other than committing suicide. These series of acts can be said to include use of force, words, conduct, willful omission or deeds or even silence of such accused in order to irritate or annoy the victim to such an extent that it led him/her to take steps to end his/her life. It is important that there is a live or proximate link between the act of abetment and the actual commission of suicide. Thus in view of the above, if the facts of the present case are examined, in that event, it is found out that there is direct link connecting the applicant with the commission of crime. Further, Section 306 read with Section 107 of IPC, has been interpreted, time and again, and its principles are well- established. To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to aid, abet and instigate the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide. The Page 20 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined law on abetment has been crystallized by a plethora of decisions by the Hon'ble Supreme Court as well as this Hon'ble Court. The abetment involves a mental process of instigating or intentionally aiding another person to do a particular thing. To bring a charge under Section 306 of the IPC, the act of abetment would require the positive act of instigating or intentionally aiding another person to commit suicide. Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under the aforesaid Section cannot be sustained. Not only that, the abetment also requires an active act, direct or indirect, on the part of the accused person which left the deceased with no other option but to commit suicide. In the present case, because of political rivalry, the disputes have been cropped up, which resulted into filing of an FIR by the deceased against the accused persons, therefore keeping grudge about the said fact, a conspiracy has been hatched by all accused in connivance with each other and, thereafter as a part of it, they have framed the deceased in a false offence and, thereafter, a honey trap was arranged by sending one minor girl to the deceased and after the said act, the said minor girl reached hospital and as a part of said conspiracy, two accused reached there and in their presence, the said minor girl had given bite of information about the involvement of the deceased Page 21 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined in the said act and moment the said fact was disclosed, media was called and news was publicized at a large scale, as a result of which, the deceased went into depression. Not only that, there were constant threats from the accused persons to withdraw the criminal complaint filed against them. Thus the accused have created such a situation upon the deceased so that he would not have been left with option but to commit suicide, which he had done and ended his life. Thus in the fact of the present case, on the basis of the investigation papers, mens rea and strong motive has been established by the prosecution and thus, there is direct link of the applicant with the commission of crime. Therefore in view of the above facts of the case, in my considered opinion, the fact of a human being having committed suicide, cannot be disputed. Prima facie it appears that the suicide was on account of pressure mounted by the accused persons including the present applicant. Therefore, the applicant does not deserve relief as prayed for.
18. I have also considered the affidavit filed by the IO before the court concerned at the time of opposing the bail application preferred by the applicant as also findings given and conclusion arrived at by the learned Judge while rejecting the application of the applicant. On consideration of the same, it is found out that there are serious allegations against the applicant, Page 22 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined therefore, looking to the nature and gravity of the offence, the learned Judge has rightly rejected the bail application of the applicant as the order of grant of anticipatory bail cannot be passed in a very slipshod and casual manner. A bare perusal of the impugned order reflects proper application of mind so far as the relevant aspects which are to be taken into consideration while deciding a bail application in a serious offence like the one on hand. Not only that, there are other material available in the chargesheet papers, which suggests the involvement of the applicant in the commission of crime, however this being an application seeking anticipatory bail, I refrain myself from making any comment as it would adversely affect the trial of the applicant. Therefore considering the facts of the present case, it is not in dispute that the investigation is at crucial stage qua the applicant and considering the serious offence committed by the accused in connivance with each other, the custodial interrogation of the applicant is required. Therefore, the present application deserves to be rejected.
19. The Hon'ble Supreme Court in the case of Sumitha Pradeep Vs. Arun Kumar C.K. & Anr., reported in 2022 SCC OnLine SC 1529 held that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing Page 23 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined the anticipatory bail application is to consider is the prima facie case against the accused. The relevant extract of the judgment is reproduced hereinbelow:-
"It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge-sheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation. Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required Page 24 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."
20. Thus while taking into consideration the ratio laid down by the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre (supra) as also ratio laid down in other decisions as stated Page 25 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025 NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined above, I have gone through the contents of the FIR, which is placed on record and also considered the affidavit of the investigating officer filed before the learned Judge concerned opposing the bail application preferred by the applicants. Upon going through the contents of the FIR, it appears that prima facie case is made out against the applicants and material collected so far suggests the involvement of the applicants in the commission of crime.
21. For the foregoing reasons, having regard to facts and circumstances, peculiar to the instant case, as have been analyzed hereinabove, I am of the considered opinion that there seems to be prima facie case, which suggests involvement of the applicant in the commission of crime and the applicant has failed to make out a special case for exercise of power to grant bail. Therefore considering the facts and parameters, necessary to be considered for adjudication of anticipatory bail, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 482 of the BNSS to grant anticipatory bail. More so, investigation is still going on in the present case so far as the present applicant is concerned. It is settled proposition of law that power exercisable under Section 482 BNSS, is somewhat discretionary in character and it is to be exercised with caution in exceptional cases.
Page 26 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025NEUTRAL CITATION R/CR.MA/17571/2025 CAV JUDGMENT DATED: 09/09/2025 undefined
22. Hence, the present application seeking for anticipatory bail is hereby rejected.
23. Needless to say that the observations touching the merits of the case are purely for the purpose of deciding the question of grant of bail and shall not be construed as an expression of the final opinion in the main matter.
Sd/-
(DIVYESH A. JOSHI, J.) Gautam Page 27 of 27 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:26:07 IST 2025