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Gautamiben Virsingbhai … vs State Of Gujarat on 13 July, 2021

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R/CR.MA/8789/2021 ORDER DATED: 13/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8789 of 2021

GAUTAMIBEN VIRSINGBHAI KAMJIBHAI DAMOR
Versus
STATE OF GUJARAT

Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR HIMANSHU K PATEL, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 13/07/2021
ORAL ORDER

[1] Heard the learned advocates for the respective
parties by video conferencing.

[2] By way of the present application filed under
Section 438 of the Code of Criminal Procedure, 1973,
the applicant-accused has prayed for bail in
connection with the FIR being C.R. No.11187007210103
of 2021 registered with Santrampur Police Station,
Dist.Mahisagar for the offences punishable under
Sections 306, 498A and 114 of the Indian Penal Code,
1860 (
IPC).

[3] The case of the prosecution in brief is that the
applicant and the other co-accused have meted out the
cruelty and physical harassment and also had levelled
the allegations against the daughter of the first
informant with regard to the illicit relationship
with other persons, due to which the daughter of the
first informant committed suicide. It is
specifically alleged that one year prior to the
alleged incident, the applicant and other co-accused
used to harass the deceased.

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R/CR.MA/8789/2021 ORDER DATED: 13/07/2021

[4] Learned advocate has submitted that there is
no role of the applicant in the offence as
alleged. He has further submitted that even the
first informant has made no specific allegation
against the applicant regarding any instigation
or abatement given to the deceased. He has
further submitted that the deceased was having
two minor children, who are being taken care by
the applicant and if the applicant is taken into
the judicial custody, there will no one left in
the family to look after the kids. He has further
submitted that on a close reading of
Section 306
of the IPC and the principles laid down by the
Apex Court in various decisions, it is apparent
that in case under
Section 306 of the IPC, there
should be clear mens rea to commit the offence
and there should be direct or active act by the
accused, which lead the deceased to commit
suicide, that is to say that there must be some
evidence of “instigation”, “cooperation” or
“initial assistance” by the accused to commit
suicide by the victim / deceased. It is submitted
that there is absence of the active or passive
role of the applicant in abatement of suicide.
Learned advocate for the applicant has submitted that
the nature of allegations are such for which
custodial interrogation of the applicant at this
stage is not necessary. He has further submitted that
the applicant will keep herself available during the

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R/CR.MA/8789/2021 ORDER DATED: 13/07/2021

course of investigation, as well as in the trial also
and will not flee from justice.

[4.1] Learned advocate for the applicant, upon
instructions, has submitted that the applicant is
ready and willing to abide by all the conditions,
including imposition of conditions with regard to
powers of investigating agency to file an application
before the competent Court for her remand. He has
further submitted that upon filing of such
application by the investigating agency, the right of
the applicant accused to oppose such application on
merits may be kept open. Learned advocate, therefore,
has submitted that considering the above facts, the
applicant may be granted anticipatory bail.

[5] On the other hand, the learned Additional Public
Prosecutor appearing on behalf of the respondent-
State has opposed grant of anticipatory bail looking
to the nature and gravity of the offence.

[6] Having heard the learned advocates for the
parties and perusing the material placed on record
and taking into consideration the facts of the case,
nature of allegations, gravity of offences, role
attributed to the accused, without discussing the
evidence in detail, at this stage, I am inclined to
grant anticipatory bail to the applicant.

[7] This Court has considered following aspects;

(a) The role attributed to the applicant;

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R/CR.MA/8789/2021 ORDER DATED: 13/07/2021

(b) Minor children of the deceased are with the
applicant, who is the grandmother of the children;

(c) Considering the facts of the case, the custodial
interrogation of the applicant at this stage is not
necessary.

(d) From the allegations levelled in the F.I.R.,
prima facie it appears that there is no instigation
or abatement at the behest of the applicant, which
would have left the deceased with no other option but
to commit suicide.

[8] This Court has also taken into consideration the
law laid down by the Apex Court in the cases of
Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020
SC 831 and
Siddharam Satlingappa Mhetre vs State of
Maharashtra, A.I.R. 2011 S.C. 312.

[9] In the result, the present application is
allowed. The applicant is ordered to be released on
bail in the event of her arrest in connection with
FIR being C.R. No.11187007210103 of 2021 registered
with Santrampur Police Station, Dist.Mahisagar on her
executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) with one surety of like amount on the
following conditions that she :

(a) shall cooperate with the investigation and make
herself available for interrogation whenever
required;

(b) shall remain present at the concerned Police
Station on 20.07.2021 between 11.00 a.m. and 2.00
p.m.;

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(c) shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the fact of the case so as to
dissuade her from disclosing such facts to the court
or to any police officer;

(d) shall not obstruct or hamper the police
investigation and not to play mischief with the
evidence collected or yet to be collected by the
police;

(e) shall at the time of execution of bond, furnish
the address to the investigating officer and the
court concerned and shall not change her residence
till the final disposal of the case till further
orders;

(f) shall not leave India without the permission of
the concerned trial court and if having passport
shall deposit the same before the concerned trial
court within a week.

[10] Despite this order, it would be open for the
investigating agency to apply to the competent
Magistrate, for police remand of the applicant, if he
considers it proper and just and the Magistrate would
decide it on merits. The applicant shall remain
present before the concerned Magistrate on the first
date of hearing of such application and on all
subsequent occasions, as may be directed by the
concerned Magistrate. This would be sufficient to
treat the accused in the judicial custody for the
purpose of entertaining the application of the
prosecution for police remand. This is, however,

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R/CR.MA/8789/2021 ORDER DATED: 13/07/2021

without prejudice to the right of the accused to seek
stay against an order of remand, if, ultimately,
granted, and the power of the concerned 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.

[11] At the trial, the concerned trial court shall
not be influenced by the prima facie observations
made by this Court in the present order.

[12] The application is allowed in the aforesaid
terms. RULE is made absolute to the aforesaid extent.
Registry is directed to send a copy of this order to
the concerned authority / court through Fax message,
email and/or any other suitable electronic mode.

[13] Learned advocate for the applicant is also
permitted to send a copy of this order to the
concerned authority/court through Fax message, email
and/or any other suitable electronic mode.

Sd/- .
(A. S. SUPEHIA, J)
NVMEWADA

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