New Delhi: Absconding former Haryana minister Gopal Goyal Kanda on Monday moved the Delhi High Court for anticipatory bail in the Geetika Sharma suicide case, saying she was "hypersensitive" and the act of suicide was a handiwork of "un-sound mind and of a frustrated individual."

Kanda has been accused of abetting the suicide of Sharma, an ex-airhostess of his defunct MDLR airline.

Kanda moves to HC for anticipatory bail

Challenging the trial court's August 9 order dismissing his bail plea, Kanda contended Sharma was not able to strike a balance between her personal life and work.

"The deceased was a person of hypersensitive nature who was unable to deal with the ordinary petulance or strike a balance between her personal life and work ethics," the bail plea, which will be heard by the court on Tuesday, said.

Kanda further said "the very reading of the suicide notes makes it abundantly clear that the act of suicide on the part of the deceased was not the handy work of sound mind but that of a confused and frustrated individual.

"The deceased was victim of her own inability to deal with normal wear and tear of life and ordinary petulance, tensions and ups and downs of one's existence."

"There is nothing in the FIR or in the suicide note that the applicant ever goaded, urged, prompted, incited or encouraged the deceased to commit suicide," as per the bail plea.

23-year-old Sharma was found hanging in her flat in north west Delhi on August 5.

In a suicide note found at her residence, she had said she was ending her life due to alleged harassment by Kanda and MDLR official Aruna Chaddha, co-accused in the case.

On August 8, the Delhi police arrested Chaddha who is now in police custody while Kanda is yet to join the probe.

Police have issued a look-out notice against Kanda.

Kanda denied the allegation of abatement against him and said there is no evidence to establish that he had directly provoked her to commit suicide.

"There is neither any allegation nor any mental process on instigation or initial aiding on the part of the applicant (Kanda) towards doing of a thing, namely committing suicide.

The active role, which can be described an instigation or aiding, is the essential ingredient of the offence of abatement for commission of suicide under section 306 of IPC," Kanda said.

The former minister submitted the suicide notes are inadmissible under section 10 of the Indian Evidence Act as it does not constitute dying declaration under the same act.

Claiming that he is a respectable citizen and having properties in Gurgaon, Kanda said there is no likelihood of his absconding or delaying the trial of the case.

"He is willing and undertakes to abide with all conditions imposed by the High Court while granting bail. He is ready to join investigation as and when required by the investigating agency," the bail plea further said.

Mentioning the matter in the morning before a division bench of Justice Sanjay Kishan Kaul and Justice Vipin Sanghi, Kanda's lawyer K T S Tulsi told the court that the bail plea is to be heard either on Monday or Tuesday

(Agencies)

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