The main legal point established in the judgment is the requirement of intentional instigation or emotional manipulation for the offence of abetment, as well as the importance of evidence in supporting allegations.

JUDGMENT :

Rohit Arya, J.

1. Heard through video conferencing.

2. This is first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicant, a young lady aged about 25 years and working as a Stenographer in the District Court is before this Court apprehending her arrest in connection with Crime No. 8/2021 registered at Police Station Sagore, District Dhar (MP) for offence punishable under Section 306 and 386 of the Indian Penal Code, 1860.

3. As per prosecution story, the deceased Ankit Sharma before commission of suicide at Sagore, a place at a distance of 50 km from District Court, Dhar has left behind a suicide note, wherein it has been stated that the applicant and the deceased have been in love. Off-late, she has turned her cold shoulders and stopped communicating with the deceased. He is emotionally drained for not been able to contact the applicant and at the same time allegation is made that she manipulated him under the pretext of being in love and exploited him. Due to her indifferent attitude, he has committed suicide by consuming sulphas. Accordingly, case has been registered against the present applicant.

4. Learned counsel for the applicant submits that in fact, it was a case of one sided love of the deceased for applicant. True, that the applicant was known to him and they were in relationship at some point of time, but with the passage of time, relationship between them has not been on a happy note. Therefore, she has tried to gradually disassociate herself and did not encourage him to send messages which the deceased has been doing despite resistance.

5. Learned counsel has referred to pages 39, 43, 47 and 69 of the Annexure A-3 cataloging the details of messages sent to the applicant by the deceased and also page 7 of his bail application where under different fake ID's, he has been after the applicant on social media, despite being blocked on ID's known to her. It is further submitted that if the applicant for long time was not inclined to associate herself with the deceased and not interested in relationship, that by itself would not constitute an alleged act of abetment. The deceased if suffered from infatuation and had no control over his emotions, the applicant cannot be held responsible.

6. To bolster his submissions, Shri Baheti refers to the judgment of Hon'ble Supreme Court [2011(3) SCC 626 M. Mohan Vs. State] and submits that the word ' abetment' has been elucidly explained by the Hon'ble Supreme Court with the meaning that abetment involves a mental process of instigating a person or intentionally adding a person in doing of a thing. Without a positive act on the part of the accused to instigate or add in committing suicide, conviction cannot be sustained. It is submitted that the applicant has not been in touch with the deceased for over one year approximately. Thereafter, applicant neither contacted him nor encouraged him in any manner. On the contrary, the deceased has been sending messages through fake ID's on instagram as referred above, despite being blocked. The applicant cannot be said to have either instigated with the mental make-up to intentionally compel the deceased to do an act of commission of suicide in the obtaining facts and circumstances. He further submits that there is not even an iota of evidence that during the lifetime of the deceased, at any point of time applicant either manipulated him or played with the emotions of the deceased for some illegal gains or otherwise. Subsequent statements of witnesses recorded u/s. 161 Cr.P.C. with maneuvered stories imputing herd of wild allegations in fact are in despair with no factual moorings. In any case, the same shall be the subject-matter of trial. Nevertheless, applicant cannot be held responsible for the act of the deceased. Applicant has no criminal antecedents. More so, the applicant is a young lady aged 25 years and if she is not protected against arrest, she shall suffer social indign