IMPORTANT POINT
The absence of mens rea in the offences pertaining to abetment and the requirement of proximate action on the part of the accused leading to the commission of the offence.

JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. I-11210003231060 of 2023 registered with the Adajan Police Station, Surat of the offence punishable under Section 306 of the IPC.

3. Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 08.11.2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has submitted that the present applicant-accused is a businessman and he has provided certain goods to the deceased on credit facilities. It is further submitted that as alleged the deceased has committed the suicide due to the demand made by the applicant-accused of his outstanding dues. However, the said fact is completely false as the deceased had also borrowed money from various other persons. The deceased had also obtained various loans and the EMIs worth Rs. 1,85,000/- was due and payable by the applicant-accused for which he also applied for fresh loan which came to be rejected and that might be the reason for the deceased to take such a drastic step. It is also submitted that the alleged incident took place on 28.10.2023 for which the first information report has been lodged on 08.11.2023 and, therefore, there is gross delay of 11 days in lodging the FIR. Learned advocate for the applicant-accused has submitted there are two suicide notes alleged to have been left behind by the deceased. It is pertinent to note that before committing suicide, the deceased had killed all his family members for which a complaint was registered against the deceased for the offence under Section 302 of the IPC on 02.11.2023 in which there is no reference of the applicant-accused and the second suicide note alleged to have been recovered by the Investigating Officer on 29.10.2023. In the said complaint there is a reference of only one suicide note. Subsequently, on the basis of the second suicide note, present FIR came to be lodged on 08.11.2023 and, therefore, the recovery of the second suicide note itself creates a strong suspicion. Learned advocate for the applicant-accused has submitted that so far as the role of the applicant-accused is concerned, he is a businessman who had a business relationship with the deceased and there were certain outstanding dues to be paid to the applicant-accused by the deceased. Except that no other specific role has been attributed to the applicant-accused as to how he has abetted the commission of offence. The applicant-accused sold the goods worth Rs. 20 Lakh to the deceased and the said fact is evident from the documents collected by the Investigating Officer. Learned advocate for the applicant has submitted that to prove the charges of abetment, the prosecution has to prove that the deceased was subjected to cruelty by the accused person right before the incident. However, in the present case, the prosecution has miserably failed to prove that there was any kind of pressure or instigation on the part of the applicant-accused to the deceased which led the deceased to take such a drastic step. It is also submitted that the applicant-accused is a reputed businessman who demanded his legitimate dues from the deceased which is common in every business fraternity. The applicant-accuse does not have any past criminal antecedents. Learned advocate for the applicant-accused has further submitted that to constitute the offence under Section 306 of the IPC, mere allegations of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide and such an offending action