Advocate Rajesh Kshetry Secures Bail in Abetment Of Suicide Under Section 306 IPC

GIST OF THE CASE

XYZ married A on 11/12/2020 under pressure from A’s parents. After marriage, the couple often had arguments, as noted and officially stated by their landlady R. A was unemployed and was going through mental turmoil due to financial crisis. He wanted to start a business; however, his father did not support him, and XYZ, who was working before marriage, invested money in him. Negativity amongst the couple started escalating further when XYZ went to Delhi to visit her brother on 31/03/2021 A was suspicious that she was having an illicit affair with someone and fights would often erupt between the couple.

A, after one such quarrel on 08/04/2021, committed suicide by hanging himself. Later, the post-mortem dated 09/04/21 stated death was due to hanging. FIR was lodged by A’s father on 12/04/2021, accusing XYZ of Abetment of the suicide of his son. 

THE TRIALS AND TRIBULATIONS OF THE CASE

Various accusations were made, like often XYZ went to parties without informing A, neglected her husband and demanded money from him, etc. XYZ was even accused of having other illicit relations with someone else, and they further elaborated that she went to meet someone else in Delhi. The FIR mentioned that she had taken a video of A committing suicide. However, it was later established that A often threatened and emotionally blackmailed her, saying he would commit suicide. Due to this reason the media widely covered the case. XYZ was taken into Judicial custody, and her plea for bail was rejected on 13/04/21, keeping her in custody till 27/04/21.

Advocate Rajesh Kshetry left no stone unturned to provide relief for XYZ. He pleaded with the court that it was extremely dangerous for XYZ to stay in the Correctional Facility during the severe bout of Covid 19. He provided the court with statements from their landlady who stated that she had heard the couple quarrelling on the day A committed suicide and she even tried to intervene but was told by A that it was a minor argument. Furthermore, our esteemed advocate provided proof from K, who was actually the daughter of a friend of XYZ’s mother, who stated officially that, in fact, XYZ had visited her in Delhi and had stayed with her, which would be deemed ambiguous statements made about XYZ regarding her character untrue. Finally, after a long struggle and determined effort from Mr. Kshetry, it was later on established in court that XYZ was wrongfully accused and very vague accusations were made against her in the FIR. Mr. Kshetry also pointed out that the FIR was delayed and the statements made therein were inadequate and inefficient in charging someone under Section 306 of the IPC. There was no further reason to detain her as she was a permanent resident of Howrah, and on being released, there would be no hindrance to the investigation of the case, and she would not evade the process of Law.

Finally, after being detained for almost two months, the unparalleled efforts of Mr. Kshetry paid off, and on 21/05/2021, bail was granted to XYZ, and the case was disposed of because it was established that the ultimate reason for A’s suicide was the economic fall and financial frustration. The accusations made against XYZ about her demand for money were out of the question since she was already aware of A’s poor financial status. The initial judgment was found erroneous in nature, and there were several mistakes in the investigation, and no grounds of recording any video of the act of suicide could not be established.