Gujarat High Court
Arunbhai Manubhai Agrawal vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025
undefined
Reserved On : 15/07/2025
Pronounced On : 25/07/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7752
of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-
==========================================================
Approved for Reporting Yes No
No
==========================================================
ARUNBHAI MANUBHAI AGRAWAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
MR BHUNESH C RUPERA(3896) for the Respondent(s) No. 1
MR. HARDIK SONI, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
1. Rule returnable forthwith. Learned APP waives service of notice of rule for respondent - State of Gujarat and learned advocate Mr. Bhunesh Rupera waives service of notice of rule for and on behalf of the original complainant.
2. By way of the present application 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.11192064240447 of 2024 registered with Dholka Rural Police Station, Dholka, Ahmedabad Rural for the alleged offences as mentioned in the FIR.
Page 1 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined
3. According to the FIR, it has been registered by one Takshakbhai Jagdishbhai, who happens to be the maternal nephew of the deceased, alleging therein that, about three year ago, his uncle, namely, Jayeshbhai Rameshwarbhai Panchal, borrowed an amount of Rs.20,00,000/- on 10% interest from Pravinbhai Rabari for the purpose of running his business. It has been further alleged that his uncle Jayeshbhai told him that, though he has repaid the entire borrowed amount, both principal as well as the interest amount, as agreed, yet since last one month, the accused Pravinbhai Rabari, kept demanding more money from him either by making a phone call or by personally reaching at his residence, and used to administer threats to him that if you will not pay the amount of interest, then he will break his legs and book in a false case by getting the cheques given by him bounced, and the said fact was told to him by his uncle Jayeshbhai. Therefore, due to such continuous harassment at the instance of the accused Pravinbhai since last one month, his uncle Jayeshbhai has consumed some unknown noxious medicine, and at present his uncles is under treatment at the Civil Hospital, Ahmedabad and is in an unconscious state of mind. With this sort of allegations, the present FIR has been registered for the offences alleged therein.
4. Later, as the deceased died during the treatment, a report was submitted by the investigating officer before the learned Additional Senior Civil Judge & Chief Judicial Magistrate, Dholka for addition of Section 108 of the Bhartiya Nyaya Sanhita, 2023, which application came to be allowed by the learned Judge, and Section 108 of the B.N.S. was ordered to be added.
5. Thus, apprehending his arrest pursuant to the registration of the aforesaid FIR, the applicant preferred anticipatory bail Page 2 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined before the trial court, however, the trial court has not entertained the said application and rejected the same.
6. Being aggrieved, the applicant is here before this Court with the present application.
7. Learned senior counsel Mr. Jal Unwalla assisted by learned advocate Mr. Dipen K. Dave appearing for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice. Learned senior counsel for the applicant further submits that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Learned senior counsel also submits that there is no proximity between the time of death and the instigation, and as such, the applicant cannot be assigned the role of having abetted the deceased person to commit suicide. Learned senior counsel Mr. Unwalla submits that the applicant has not been named in the FIR, and during the course of investigation, on the basis of one suicide note found subsequently, name of the applicant has come on surface, and he has been shown as absconding accused in the charge-sheet. He submits that the co-accused, whose name is there in the FIR, has already been enlarged on regular bail by a Coordinate Bench of this Court, and subsequently, the co-accused also preferred a quashing petition, wherein, initially, he was protected, and then ultimately the quashing petition came to be dismissed, against which, the co-accused went upto the Supreme Court, and the Hon'ble Supreme Court stayed the entire trial proceedings, a copy of which order is also placed on record. Learned senior counsel Mr.Unwalla submits that during the course of Page 3 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined investigation, the investigating officer collected one suicide note, purportedly written by the deceased, a copy of which is also placed on record along with the memo of the application, which shows that it was written on 20.08.2024, almost two month prior to the date of the incident, and as such, much weightage need not have to be given upon the said suicide note as the same does not establish any proximate cause at the end of the present applicant, which led the deceased to commit suicide.
8. Learned senior counsel Mr.Unwalla for the applicant further submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not abetted the deceased to commit suicide nor has created any such circumstance knowingly that he will commit suicide. No specific role has been assigned to the applicant for abetting the deceased to commit suicide. He further submits that only on the basis of the suicide note, said to have been written by the deceased two months prior from the date of the incident, mentioning the name of the present applicant therein, the applicant cannot be subjected to incarceration, as because of the same, he would have to face the social stigma. Moreover, the applicant is aged about 52 years, suffering from paralysis since last 20 years, due to which, he is not able to even perform his routine activities on his own without the assistance of the helper, and a certificate in this regard, has also been issued by the Medical Superintendent, Civil Hospital, Ahmedabad, wherein it is clearly stated that the case of the applicant is 'Locomotor Disability, and he is suffering from PARAPLEGIA WITH URINARY INCONTINENCE having 100% disability. Thus, considering the said medical condition of the applicant, if he is arrested and sent behind the bar, then he will not get the proper treatment in the jail, and a helper would also Page 4 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined be needed for the applicant for carrying out his daily routine activities, due to which, the applicant having a severe health issues, will have to face immense hardship in the jail. Thus, considering the health issues being faced by the applicant, on humanitarian ground also, discretion should be exercised in favour of the applicant.
9. Learned senior counsel Mr. Unwalla further submits that the accused No.1 was an employee of the applicant, doing the work of repairing of JCBs, and when the deceased reported the matter to the applicant, and asked for his help in settling the matter, the applicant only intervened to mediate. The applicant never made any demand of money or exert pressure upon the deceased. Even if the allegations made in the FIR are taken at their face value, none of the ingredients to constitute the offence, as alleged, are attracted against the present applicant. Moreover, the applicant does not have a single past antecedent. To bolster his submissions, learned senior counsel for the applicant has placed reliance upon a judgment of the Hon'ble Apex Court in the case of Prem Singh vs. State of Rajasthan, 2023 SCC OnLine SC 128, whereby the Hon'ble Apex Court, without going into the merits of the matter, considering the disability of the accused therein, enlarged him on anticipatory bail.
10. In such circumstances, referred to above, learned senior counsel Mr. Unwalla prays that there being merit in this application, the same be allowed and the applicant be released on anticipatory bail.
11. Per contra, the present application has been vehemently opposed by learned APP Mr. Hardik Soni appearing for the State. He submits that, in fact, the applicant herein is a main accused, Page 5 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined who is attempting to take shelter of the ailment being suffered by him. He further submits that the co-accused who has been named in the FIR is the handler of the present applicant, who used to lend money to the people upon high rate of interest at the instance of the present applicant. He also submits that the deceased borrowed a sum of Rs.20,00,000/- from the accused persons, against which, he was regularly paying the monthly installments of Rs.3,00,000/- to them, and it continued for more than 20 months, and thereby had repaid the principal amount as well as the amount of interest, however, despite the same, the accused kept demanding more money from the deceased, and it is revealed that around Rs.64 lakh had already been repaid by the deceased to the accused persons. Learned APP further submits that despite such a huge amount being repaid by the deceased, the greediness of the accused did not end, and they kept demanding more money, and even the vehicle of the deceased had also been taken away by the accused persons, and apart from this, they were also pressurizing the complainant to transfer his house in their name by executing a registered sale deed, and as such, due to such an incessant and intolerable harassment at the end of the co-accused and the present applicant, the deceased had left with no other option but to take such as drastic step of committing suicide. Not only that, before committing suicide the deceased had recorded a video in his mobile, wherein he has told that he is committing the suicide due to the incessant harassment and demand of more money by the present applicant and the co-accused, a transcription of which is also placed on record. He submits that the said mobile of the deceased has been sent to the FSL, and the report is still awaiting, however, the CDR collected by the investigating officer Page 6 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined shows that even after 20.08.2024 (date of suicide note), the accused was in constant touch with the deceased and continuously harassing the deceased. That apart, the deceased had also left behind a suicide note written by him, wherein he has clearly mentioned the name of the present applicant behind him taking such a drastic step. Thus, from what has been submitted herein above, and the materials placed on record, by no stretch of imagination, it can be said that there is no nexus between the applicant and the commission of crime.
12. Learned APP further submits that so far as the ill-health of the applicant is concerned, he has inquired from the police authority about the medical facilities available in the hospital, upon which, he received a communication from the Senior Jailer, Administration, that all kinds of medical facilities are available in the jail for the accused who are suffering from various ailments. He also submits that the learned senior counsel urges this Court to enlarge the applicant on the ground of his ill-health as he is not able to even move without the helper, however, the said submission is also falsified from the passport of the present applicant collected by the investigating officer during the course of investigation, and the immigration entries made therein clearly shows that he has been continuously traveling abroad even in such a poor health condition also.
13. In such circumstances, referred to above, learned APP prays that there being no merit in this application, the same be rejected.
14. The present application has also been vehemently opposed by learned advocate Mr. Bhuvnesh Rupera appearing for the original complainant. He submits that due to incessant harassment and demand of money by the present applicant and Page 7 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined the co-accused, the deceased had committed suicide, which is clearly evident from the suicide note left behind by the deceased. Not only that, the deceased had also recorded a video in his mobile phone clearly stating the name of the present applicant and the co-accused to be the sole reason behind his suicide. Learned advocate Mr. Rupera submits that even warrant under Sections 71 and 72 of the Cr.P.C. was also issued by the court concerned against the applicant, pursuant to which, the investigating officer went to the house of the applicant, however, instead of arresting the applicant, the investigating officer only recorded the statement of the applicant, which shows that there was lapses on the part of the investigating officer in carrying out the investigation in a proper manner. He submits that, in fact, charge-sheet was filed in the month of December, 2024, and the applicant applied for bail in April, 2025, however, during that period, the investigating officer did not bother to arrest the applicant though he was very much available at his residence.
15. In such circumstances, referred to above, learned advocate Mr. Rupera prays that there being no merit in this application, the same be rejected.
16. Heard learned counsel for the parties and perused the record.
17. After considering the submissions as raised by learned counsel for the respective parties, it is clear that Section 306 I.P.C. makes abetment to commit suicide an offence. Section 306 of the Penal Code, 1860 talks about abetment of suicide and states that whoever abets the commission of suicide of another person, he/she shall be punished with imprisonment of either description for a term not exceeding ten years and shall also be Page 8 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined liable to fine. Section 306 reads as under;
"306. Abetment of suicide.--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
18. From a bare reading of the provision, it is clear that to constitute an offence under Section 306 IPC, the prosecution has to establish: (i) that a person committed suicide, and (ii) that such suicide was abetted by the accused. In other words, an offence under Section 306 would stand only if there is an "abetment" for the commission of the crime. The parameters of "abetment" have been stated in Section 107 of the IPC, which defines abetment of a thing as follows:
"107:- Abetment of a thing;
A person abets the doing of a thing, who-
First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.--A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing."
19. As per the Section, a person can be said to have abetted Page 9 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined in doing a thing, if he, firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the doing of that thing. It is manifest that under all the three situations, direct involvement of the person or persons concerned in the commission of offence of suicide is essential to bring home the offence under Section 306 of the IPC.
20. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by the Hon'ble Apex Court in plethora of decisions, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be Page 10 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025 NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased.
21. In the background of the above referred legal position, I may advert to the case at hand. The question as to what is the cause of a suicide has no easy answers because suicidal ideation and behaviours in human beings are complex and multifaceted. Different individuals in the same situation react and behave differently because of the personal meaning they add to each event, thus accounting for individual vulnerability to suicide. Each individual's suicidability pattern depends on his inner subjective experience of mental pain, fear and loss of self-respect. Each of these factors are crucial and exacerbating contributor to an individual's vulnerability to end his own life, which may either be an attempt for self-protection or an escapism from intolerable self.
22. In a recent judgment passed in Kamalakar v. State of Karnataka in Criminal Appeal No.1485 of 2011 [decided on 12.10.2023], the ingredients of Section 306 I.P.C. have been explained which are as follows :-
Page 11 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined "8.2. Section 306 IPC penalizes abetment of commission of suicide. To charge someone under this Section, the prosecution must prove that the accused played a role in the suicide. Specifically, the accused's actions must align with one of the three criteria detailed in Section 107 IPC.
This means the accused either encouraged the individual to take their life, conspired with others to ensure the person committed suicide, or acted in a way (or failed to act) which directly resulted in the person's suicide."
23. In the judgment passed in case of Mohit Singhal And Another v. State of Uttrakhand And Others, (2024) 1 SCC 417, it has been held that from reading Section 306 I.P.C. along with Section 107 I.P.C., it is clear that to attract the aforesaid sections, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. The intention to instigate the deceased to commit suicide must be there. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide.
24. From careful reading of the aforesaid judgments, it is clear that merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, offence under Section 306 I.P.C. is not made out. In order to bring a case within the purview of Section 306 I.P.C. there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigating or by doing certain act of facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution.
Page 12 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined
25. In the present case, the series of incidents at the end of or at the instance of the present applicant and the co-accused, like to make a frequent phone calls to the deceased making demands for money, then often went to the residence of the deceased for demanding money, threatening the deceased of dire consequences on phone call as well as in person by reaching at his residence, snatching away his car, pressurized him to transfer his house in their name, thus can be said to be an act and a continued course of conduct which had created circumstances for the deceased to commit suicide. Thus, it can be said that the offence under the relevant section is made out.
26 Moreover, there is a suicide note left behind by the deceased, which records that "the deceased had borrowed certain amount from the co-accused on 10% interest. According to the deceased, he had paid more than the principal amount plus interest to the co-accused Pravinbhai Rabari. The suicide note records that the co-accused used to come to his house and making demands for money, and also pressurized him to transfer his house in his name, and that his partner Arunbhai Agrawal, i.e., the present applicant is circulating/lending his money through Pravinbhai Rabari on interest, and that he twice went to Arun Agrawal and bowed down to him and requested that he don't have the money, and he would pay the money when he will have the same, however, they did not pay any heed to his request, and they both have compelled him to commit suicide".
27. The transcription of video recording made by the deceased just before committing the suicide has also been placed on record, wherein the deceased has clearly told that both the accused have made his life hail, and both Pravin Rabari and Arun Agarwal are responsible behind his death.
Page 13 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025NEUTRAL CITATION R/CR.MA/7752/2025 CAV JUDGMENT DATED: 25/07/2025 undefined
28. The fact as to whether a person has abetted in the commission of suicide or not would only be gathered from facts and circumstances of each case. It is well settled that if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the accused person can be held to be guilty of abetment of suicide.
29. In the aforesaid context, a bare perusal of the FIR, charge- sheet papers, suicide note, transcription of video recording, and the other materials placed on record, it appears that there was continuous and intolerable harassment at the end of the accused persons to the deceased which perceiving the deceased with no other option but to commit suicide.
30. Thus, in view of the aforesaid submission as made by learned counsel for the parties and perusing the materials available on record, this Court does not find any good ground to grant relief in favour of the applicant.
31. In the result, the present application fails and is hereby rejected. Rule is discharged.
(DIVYESH A. JOSHI,J) VAHID Page 14 of 14 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:48:32 IST 2025