Punjab & Haryana High Court Grants Pre-Arrest Bail In Abetment to Suicide Case; Holds Mere Harassment Insufficient Without Proximate Instigation

Case Name: Satnam Singh v. State of Punjab
Date of Judgment: 11 December 2025
Citation: CRM-M-61895-2025
Bench: Hon’ble Mrs. Justice Manisha Batra

Held: The Punjab and Haryana High Court granted pre-arrest bail to the petitioner in a case registered under Section 108 of the Bharatiya Nyaya Sanhita, holding that, at the pre-trial stage, there was no material to prima facie establish instigation, provocation or intentional aid by the petitioner so as to attract the offence of abetment of suicide. The Court reiterated that mere harassment or demand for money, without a proximate and intentional act leading to suicide, does not constitute abetment.

Summary: The FIR arose from allegations that the deceased had consumed a poisonous substance after being harassed by the petitioner for repayment of an amount of ₹20 lakhs allegedly advanced through a kitty or committee arrangement. The victim later died, leading to registration of the FIR for abetment of suicide. The petitioner’s application for pre-arrest bail had earlier been dismissed by the Sessions Court.

Before the High Court, the petitioner contended that the transaction was purely financial, that no threats or pressure were exerted, and that the FIR was lodged to avoid repayment. It was argued that the essential ingredients of abetment were absent and that custodial interrogation was unnecessary.

The Court examined the legal requirements of Section 108 BNS, which is pari materia with Section 306 IPC, and noted that abetment requires a clear element of intention, instigation or active participation. Relying on settled Supreme Court precedent, the Court observed that mere harassment or discord, without any positive act proximate to the suicide, would not attract the offence of abetment. At the present stage, the material on record did not disclose any act suggesting that the petitioner intended to drive or incite the deceased to commit suicide.

The Court also noted that the petitioner had no criminal antecedents and had already joined the investigation.

Decision: The petition was allowed. The petitioner was granted pre-arrest bail subject to joining investigation within the stipulated time and complying with the statutory conditions under the Bharatiya Nagarik Suraksha Sanhita. The Court clarified that the observations made were prima facie in nature and would not influence the trial on merits.