Abetment of suicide is not attracted merely because conduct caused emotional hurt: HC
Jaipur, Sept. 28 -- The Rajasthan high court has granted bail to a man accused of abetting a married woman's suicide, observing that a strained relationship or the woman's grievances against him would not, by themselves, establish the offence.
Justice Farjand Ali, hearing a bail application said the allegation of abetment required evidence of an active and proximate act of instigation or intentional aid, along with the necessary intent. In its September 25 order, justice Ali granted bail to Dinesh Mehra.
The woman's father-in-law lodged an FIR in April 2026, alleging that she consumed poison on April 4. According to police, videos recovered from the deceased's phone and examined by FSL showed her blaming the accused for her death.
"The videos recorded by the deceased shortly before the occurrence substantially revolve around this grievance, namely, the alleged cessation of the relationship, the accused having blocked her, and her perception that another woman had entered into the relationship," court said.
"Such statements cannot be brushed aside altogether and their evidentiary value will necessarily fall for consideration by the competent court in accordance with law," the order said.
It added that "an attribution of responsibility by the deceased, by itself, cannot dispense with the requirement of establishing the foundational ingredients of abetment."
The court said an allegation of abetment required more than evidence that the accused knew the deceased or that she had grievances against him.
"Abetment of suicide is not attracted merely because the conduct of the accused may have caused emotional hurt, disappointment, rejection or distress to the deceased," the court said. It said the law required conduct that could be construed, at least at first glance, as intended to provoke, incite, urge or intentionally aid suicide.
On the material before it, the court said it could not identify with sufficient clarity any particular act by Mehra immediately before the incident through which he intentionally provoked, incited or aided the woman to take her life. "The Court must, therefore, carefully distinguish between the psychological explanation of an act and the legal attribution of criminal responsibility for that act".
The judge said the trial court would determine the evidentiary value of the videos and whether his conduct met the legal threshold for abetment. It allowed Mehra's bail application on a personal bond of Rs.50,000 with two sureties of Rs.25,000 each, subject to his appearance before the trial court when required....
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