‘Innocent person has lost his valuable life’: Gujarat HC denies anticipatory bail to former MLA’s kin in abetment to suicide case

Stating that the court’s “power to protect an innocent person” has to be exercised “with due circumspection”, the court order said that going through the investigation papers, it has been found that “there are ample material and evidence available, which connect the applicant with the commission of crime.”

It further stated, “Not only that, from the chargesheet papers, it is also found out that the applicant is also actively involved in hatching conspiracy as also in executing the same, wherein one innocent person has lost his valuable life… a person who does not himself commit a crime, may however command, urge, encourage, induce, request, or help a third person to bring it about and thereby be guilty of the offence of abetment…”

The court noted that the case of the prosecution is that the accused were involved in arranging a honey trap by sending “one minor girl with the deceased to develop physical relations and, thereafter… the accused … as part of their conspiracy, publicized the news (of the alleged relationship of the deceased with the minor) at large scale with the sole intent to tarnish the image of the deceased… as result of which, the deceased went under depressed state of mind…” and died by suicide.

Amit Khunt had died by suicide on May 5.

The court noted that during the course of the investigation, other accused persons, who were also involved in the commission of the crime, were arrested and subsequently released on bail by the court concerned. A chargesheet has also been filed against the arrested persons and Rajdipsinh is shown as “absconding accused”.

Detailing the meaning of “abetment”, the court order stated that “if a person commits suicide due to abetment of somebody, it is a serious matter and a crime punishable to the abettor. The essence of abetment is active and intentional assistance of a person to the perpetrator of an offence.”

The court said that it seems to be a “prima facie case” that suggests the involvement of the applicant (Rajdipsinh) in the commission of the crime and rejected the anticipatory bail plea.

The FIR in the case against Rajdip as well as his father Aniruddhsinh and two others — Sanjay Pandir and Dinesh Patar — was filed in Gondal Taluka police station after a woman allegedly confessed that someone had instructed her to befriend Khunt on social media and progress into a romantic relationship. She later allegedly accused him of false rape.