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Accused Given Bail after Deceased Commits Suicide on Inability to Pay Back Loan to Him

Accused Given Bail after Deceased Commits Suicide
An accused named Pradeep was given bail on Monday (March 15, 2021) after no sufficient evidence could be found against him for abetting the suicide of the deceased. 

He had been in jail custody since February 23, 2021 after the son of the deceased had filed an FIR against him under Sec 306, Indian Penal Code, 1860 which is Abetment to Suicide. 

Pradeep was represented by Advocate Ravi Drall who helped him get bail on the submission of the security amount of Rs 50,000. 

Allegedly, the feceased had taken a loan of Rs 5 Lakhs from the accused in February 2020, which he could not return, thereby committing suicide.  He left a suicide note explaining after taking the loan from Pradeep, he handed over the documents of his property to him. 

It further stated that he went to the house of the accused along with his friend, Maniram to return Rs 5.50 lakhs which were refused by him. He asked for Rs 9 lakhs alongside making his “life miserable,” “threatening him” and “abusing him.” He was fed up of the same and chose to end his life. 

However, on an investigation nothing incriminating could be found about the accused and his involvement in the matter. The documents of the property which were stated by the Deceased in his suicide note had already been executed in the name of the applicant. Along with this, his Counsel, Mr Drall submitted that he was innocent and his chances of recovering the money would be finished if he actually intended to abet the suicide of the Deceased. 

It was further observed by the court of law that the accused being the sole earner of a family comprising his children, wife and parents has no prior involvement in any criminal acts. There were strong grounds to grant bail to him. 

However, the bail was opposed by Advocate AB Asthana who represented the Complainant by saying the investigation was at an initial stage and the police was not conducting a fair investigation by properly checking the nearby CCTV cameras. The Investigation Officer justified doing the same and that he also investigated the neighbours of the Deceased along Maniram under Sec 161, CrPC. None of these people deposed that the applicant had instigated or threatened the Deceased in their presence, let alone abetting him to commit suicide. 

Henceforth, taking note of the arguments of both the sides, the Court granted bail to the accused. 

 

Case Details 

PRADEEP vs. THE STATE NCT OF DELHI 

FIR NO: 116 /2021; 23/02/2021


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