Court finds lack of evidence for intentional instigation or active participation; Bail granted with conditions under BNSS, 2023
In a significant ruling, the Punjab and Haryana High Court has granted anticipatory bail to Vijay Kumar, also known as Sabu Pandit, who was accused in a case concerning the abetment of suicide. The judgment, delivered by Justice Sandeep Moudgil, underscores the absence of direct or proximate allegations linking Kumar to the deceased's suicide, thereby justifying the bail.
The case stems from FIR No. 64 registered on May 11, 2026, at Police Station Taragarh in District Pathankot, under Sections 108 and 351(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The allegations against Vijay Kumar were rooted in the tragic death of Ramesh Pal, whose body was discovered on May 10, 2026, after he was reported missing from May 6, 2026. The prosecution's narrative, based on the statement of Shakuntala Devi, alludes to an illicit relationship involving the deceased's wife and a co-accused, Shiva, which purportedly led to the suicide.
The court carefully examined the prosecution's claims, observing a three-month gap between the alleged discovery of the illicit relationship and the death of Ramesh Pal. This period, the court noted, provided ample time for the deceased to recover from the initial shock, thus weakening the causal link between the alleged act and the suicide.
Furthermore, Justice Moudgil highlighted the absence of any suicide note or direct evidence pointing to Vijay Kumar's involvement. The judgment emphasized that the essential elements of intentional instigation or active participation by the accused were prima facie missing, leading to the decision to grant bail.
Vijay Kumar's counsel, Mr. Munish Puri, argued that his client was falsely implicated, pointing out the lack of direct allegations or evidence against Kumar. The petitioner also expressed willingness to join the investigation and cooperate fully, which further influenced the court's decision.
The anticipatory bail is subject to certain conditions as outlined under Section 482(2) of the BNSS. Vijay Kumar is required to join the investigation within a week, cooperate with the authorities, refrain from influencing witnesses, and seek the court's permission before leaving the country. Failure to comply with these conditions will result in the automatic cancellation of the bail.
The court's decision reflects a careful balance between the rights of the accused and the need for thorough investigation in sensitive cases like abetment of suicide. This ruling highlights the judiciary's role in safeguarding individual liberties while ensuring justice is served.
Bottom line:-
Anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, if the essential ingredients of intentional instigation or active participation by the accused leading to the suicide are prima facie found to be missing.
Statutory provision(s): Sections 108, 351(3), 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Vijay Kumar @ Sabu Pandit v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2933849
