Bharatbhai Natubhai Vaghela vs State Of Gujarat on 8 November, 2017

R/CR.MA/25004/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 25004 of 2017

BHARATBHAI NATUBHAI VAGHELA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MS BHAVIKA H KOTECHA, ADVOCATE for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 08/11/2017

ORAL ORDER

1. Heard learned advocate, for the applicant and learned
APP, for the respondent-State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
registered at C.R. No. I – 55/2017 with Junagadh ‘B’
Division Police Station, Junagadh for the offences
punishable under Sections 306, 498A, 354A and 114 of
the IPC.

3. Brief facts of the case is that the daughter of the
complainant namely Ekta got married in February, 2013 with
the present petitioner and she was residing with her husband
in the joint family comprising of mother-in-law, 2 brother-in-
laws (Jeth) and 2 sister-in-laws (Jethani). The married life of

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the deceased was going smoothly for six months. Thereafter,
Ekta’s mother-in-law and 2 brother-in-laws and 2 sister-in-
laws started torturing her. In September, 2013 mother-in-law
of Ekta made a phone call to complainant’s wife that your
daughter is giving threats to commit suicide and she has
written a chit and therefore, you come here so complainant’s
wife went to Junagadh with her brother’s wife and the mother-
in-law of Ekta showed the chit to her. In the said chit Ekta had
written that, “there is no value of myself in this home and
even if I die, it doesn’t make any difference to these people.”
Hence, Ekta’s mother asked her why she had written such chit
and Ekta informed that all her in-laws are torturing her and
taunting regarding house hold work and her husband is also
not earning and she has to bear everything due to these
people. Therefore, mother and aunt of Ekta persuaded her to
keep patience and they returned back to Ahmedabad.
Thereafter, Ekta wanted to come at complainant’s house but
her in-laws were refusing and were saying that you pick and
also send back by yourself. In the year 2017, at the time of
Uttarayan Ekta made a call to her mother and asked to pick
her, as matrimonial home of complainant’s sister is at
Junagadh. She brought Ekta at Ahmedabad with her company
at that time Ekta informed that her elder brother-in-law is
making illegal demands with her. On 05.05.2017 outside her
home she informed that torturing from her husband, mother-
in-law and all has been increased and now she has no any
other option except dying, so her mother asked her to keep
patience and also asked not to take any wrong step, they will
find some solution and then went at Ahmedabad. Thereafter,
mother-in-law made a call that Ekta has taken tablets and she
is serious, thereafter, complainant’s brother who was at

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Junagadh called him that Ekta passed away. Therefore, the
present complaint was filed.

4. Considering the chargesheet papers supplied during the
course of hearing, it appears that one chit alleged to have
been written by deceased was shown to the complainant’s
wife by the applicant’s mother is not recovered during the
course of investigation. Such event occurred after six months
of the marriage which took place in the year 2013. The
investigation is complete and chargesheet is filed. The offence
alleged against the applicant do not provide punishment
either for life imprisonment or any capital punishment and
therefore, present application deserves consideration.

5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R. No. I –
55/2017 with Junagadh ‘B’ Division Police Station,
Junagadh, on executing a bond of Rs.10,000/-(Rupees Ten
Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions
that the applicant shall;

[a] not take undue advantage of liberty or misuse
liberty;

[b] not act in a manner injurious to the interest of
the prosecution;

[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly;

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[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court
concerned;

6. The Competent Authority will release the applicant only
if the applicant is not required in connection with any other
offence for the time being. If breach of any of the above
conditions is committed, the Sessions Judge concerned will be
free to take appropriate action in the matter. Bail bond to be
executed before the lower court having jurisdiction to try the
case. It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law. At the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicant on
bail.

7. Rule made absolute to the aforesaid extent. Direct
service is permitted.

(S.H.VORA, J.)
Tausif

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