R/CR.MA/15378/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 15378 of
2017

RAKESHBHAI PALJIBHAI ANJARA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1
MR LR PUJARI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 10/07/2017

ORAL ORDER

1. Anticipatory bail is sought under section 438 of the

Criminal Procedure Code (for short Cr.P.C.) in respect of the

offence being I C.R. No. 104 of 2017 registered at Sector-7

Police Station, Gandhinagar alleging inter-alia the offences

publishable under sections 306, 498A and 114 of the Indian

Penal Code (for short ‘IPC’).

2. Considering the rival contentions, it appears that the gist

of the allegations in the FIR is that the applicant was harassing

the deceased on instruction of the mother-in-law of the

deceased and that he was not allowing her to go to her

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parental house. No specific allegations except as regards the

fact that she was not being allowed to go to her parental house

are made in the complaint. So far as the allegation regarding

her not allowing to go to her parental house is concerned, in

the later part of the complaint, the complainant has admitted

that she had come to his house on the occasion of Raksha

bandhan. It also appears in the FIR that initially the deceased

was residing at Amreli with his parents; however subsequently

he shifted to Gandhinagar and was employed as Technical

Assistant in Torrent Pharmacy.

3. Learned APP as well as learned counsel for the

complainant has opposed this application with the contention

that the deceased lady was pregnant and in the Indian society,

no pregnant lady would commit suicide unless tortured. It was

argued that marriage span of the deceased was two years and

that thus applying Section 113A of the Indian Evidence Act, a

presumption must be raised presuming the guilt of the

applicant. It was also argued that the allegations made in the

FIR make out u/s. 306, 498A of the IPC and a protection u/s.

498A of IPC must be accorded to the deceased. It was also

submitted that it is for the deceased to explain as to what went

wrong as he was present in the house at the time of incident.

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3.1 As indicated above, the contents of the FIR prima facie

fail to take the case near to the ingredients of Section 306,

498A of IPC. The presumption u/s. 113A can be raised only if it

is shown that the deceased was subjected to cruelty. Looking

to the contents of FIR, it is difficult to say that she was

subjected to cruelty as would drive her to take the extreme

step.

3.2 Under the circumstances, a sole ground of the

occurrence of death within 2 years of marriage and the

deceased being pregnant cannot be considered as a ground for

denial of anticipatory bail. In the opinion of this Court,

therefore, the case of anticipatory bail is made out. This Court

therefore, exercise the discretion and enlarge the applicant on

anticipatory bail.

4. In the result, this application is allowed. In the event of

the arrest of the applicant pursuant to FIR being I CR No.104 of

2017 registered at Sector-7 Police Station, Gandhinagar for the

offences punishable under Sections 306, 498(A) and 114 of the

Indian Penal Code, the applicant shall be released on bail on

furnishing a bond of Rs.5,000/- (Rupees Five Thousand only)

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with one surety of like amount on following conditions :-

[a] shall cooperate with the investigation and make himself

available for interrogation whenever required;

[b] shall remain present at concerned Police Station on
13.07.2017 between 11.00 am to 2.00 pm;

[c] shall not hamper the investigation in any manner nor shall
directly or indirectly make any inducement, threat or promise
to any witness so as to dissuade them from disclosing such
facts to the Court or to any Police Officer;

[d] shall at the time of execution of bond, furnish the address
to the Investigating Officer and the Court concerned and shall
intimate the change of residence if made by accused during
the pendency of the case.

[e] shall not leave India without the permission of the Court
and, if is holding a Passport, shall surrender the same before
the trial Court immediately.

[f] despite this order, it would be open for the Investigating
Agency to apply to the competent Magistrate, for police
remand of the applicant. The applicant shall remain present
before the learned Magistrate on the first date of hearing of
such application and on all subsequent occasions, as may be
directed by the learned Magistrate. This would be sufficient to
treat the accused in the judicial custody for the purpose of

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entertaining application of the prosecution for police remand.
This is, however, without prejudice to the right of the accused
to seek stay against an order of remand, if ultimately granted,
and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the
applicant, even if, remanded to the police custody, upon
completion of such period of police remand, shall be set free
immediately, subject to other conditions of this anticipatory
bail order.

5. At the trial, the trial court shall not be influenced by the
prima facie observations made by this Court while enlarging
the applicant on bail.

Rule is made absolute. No order as to costs. Direct
service is permitted.

(G.R.UDHWANI, J.)
MAYA

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