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Pratikkumar Dayaramsinh … vs State Of Gujarat on 15 July, 2021

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R/CR.MA/16891/2020 ORDER DATED: 15/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 16891 of 2020

PRATIKKUMAR DAYARAMSINH RAGHUVANSHI
Versus
STATE OF GUJARAT

Appearance:
MR DEVDIP BRAHMBHATT(3490) for the Applicant(s) No. 1
MR. R. K. RAJPUT(6988) for the Respondent(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 15/07/2021
ORAL ORDER

[1] Heard the learned advocates for the respective parties through
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.11200051200103 of 2020 registered with Dungra Police
Station, District Valsad for the offences under
Sections 498A,
304B, 506(2) and 114 of the Indian Penal Code, 1860 and under
Sections 3 and 4 of the Dowry Prohibition Act.

[3] The allegation leveled against the applicant and other co-
accused who are his family members is that they used to harass
the daughter of the complainant by demanding dowry, which
ultimately forced his daughter to commit suicide.

[4] Learned advocate for the applicant has submitted that the
marriage of the deceased with the present applicant was

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solemnized on 04.02.2013 and they were residing at Vapi, Gujarat.
It is submitted that out of this wedlock, they have two children aged
around 5 years and 3 years, respectively. It is submitted that the
alleged incident had taken place on 23.06.2019 and the impugned
FIR was lodged on 10.01.2020 i.e. after around seven months of
the alleged incident. It is submitted that no members/in-laws were
residing with the family of the deceased and she was alone
residing with the present applicant and two children.

[5] Learned advocate for the applicant has submitted that the
statement of the relatives i.e. deceased’s sister and her brother in
law, who were present in the last rites, were recorded by the police
and they have not supported any dowry death. It is submitted that
the applicant was not present at the time of alleged incident and
there is not a single complaint against the present applicant or his
family during the entire span of marriage life of around six and half
years. It is submitted that the filing of the F.I.R is an after thought
as the complainant wants to keep both the minor children with him
and custody of the both the children has been forcibly taken by the
complainant and the same are with him.

[6] Learned Advocate Mr.Brahmbhatt has invited the attention of
this Court to the statement of the sister of the deceased recorded
by the Investigating Officer on 24.06.2019, wherein she has
categorically stated that the present applicant or the in-laws of her
sister used to keep her sister in good condition and there was no
quarrel or dispute amongst them. Similar statement has been
given by the husband of the sister on 24.06.2019 before the I.O.

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R/CR.MA/16891/2020 ORDER DATED: 15/07/2021

With regard to the allegations of demand of dowry and property is
concerned, it is submitted by the learned advocate for the
applicant, the complainant has himself stated that the gold
ornaments were given to his daughter in the year 2013 at the time
of marriage and Rs.5,00,000/ – to his father in 2012. It is submitted
that the house hold articles were also given by the complainant
voluntrarily as it is tradition in the rajput community to give the
same at the time of marriage. With regard to demand of the plot is
concerned, it was given as a gift to the deceased by the
complainant, and it was in her name. It is submitted that the plot
was at Village Sutvalpr, at Varanasi near her parental home
whereas the applicant was staying at Valsad separately with the
deceased after marriage. It is submitted that during the entire span
of marriage, neither the deceased nor the complainant has made
any complaint with regard to cruelty or harassment. It is submitted
that the co-accused have been released on anticipatory bail by this
Court.

[7] Learned advocate for the applicant submits that the nature of
allegations are such for which custodial interrogation of the
applicant at this stage is not necessary. He further submits that the
applicant will keep himself available during the course of
investigation, as well as in the trial also and will not flee from
justice.

[8] Learned advocate for the applicant, on instructions, states
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

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Court for his remand. He further submits 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, submits that considering the above
facts, the applicant may be granted bail.

[9] Learned advocate Mr.R.K.Rajput for the first informant has
submitted that the applicant has deliberately concealed the facts
that, they are habitual in demanding dowry from the deceased and
the first informant and as a result of their demand, the first
informant had transferred Rs. 5,00,000/-(five lac) through cheque
from his Bank of Baroda account on 03.12.2012 in the name of the
father of the complainant. It is submitted that gold ornaments worth
Rs.3,00,000/- and LED TV, sofa set, fridge, bed, etc. were also
given as per the demand of the applicant and his family members.

[10] Learned advocate Mr.R.K.Rajput for the first informant has
submitted that though the first informant had given dowry as per
his financial situation, the present applicant and his family
members continuously demanded more and more money and as a
result of their demand, the first informant had paid total
Rs.3,00,000/- from year 2014 to 2019. It is submitted that the
present applicant and his family members had pressurized the
deceased to purchase the land for them and because of
tremendous pressure of present applicant and his family members,
the present first informant had transferred a plot worth
Rs.14,64,000/-on 13.03.2019 area-1,500 sq.ft. It is submitted that
on 01.07.2019, the first informant filed complaint before the
Shivpur Police Station, Varanasi and the same was registered on

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dated 20.07.2019 at Shivpur Police Station, Varanasi. However,
the said complaint was transferred to Dungara Police station within
the jurisdiction of Valsad district, Gujarat.

[11] On the other hand, the learned Additional Public Prosecutor
appearing on behalf of the respondent- State has opposed grant
of bail looking to the nature and gravity of the offence. It is
submitted that the investigation officer has again recorded the
statement of the sister of deceased on 23.01.2020 and her
husband wherein they have supported the case of the prosecution.
It is submitted that the investigation reveals that the plot of land
worth Rs.14,64,000/- was transferred in the name of deceased on
13.03.2019 by a gift deed.

[12] 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 bail to the
applicant.

[13] This Court has considered the following aspects;

(a) Prima facie, it appears that the money and household
articles were given by the first informant in the year 2012-2013 at
the time of marriage and the same appears to be voluntary, as no
complaint or protest was made by him;

(b) The plot of land at Varanasi was given by the first informant
as a gift on 13.03.2019 to his deceased-daughter and the same

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was in the name of the deceased, whereas the applicant was
staying separately from his parents in Gujarat;

(d) during the span of six years of marriage, the investigation does
not reveal that the deceased was subjected to any cruelty or
harassment since there is no complaint made in this regard either
by the deceased or by the first informant;

(e) the co-accused have been released on anticipatory bail by
this Court;

(f) Prima facie considering the facts of the case, the custodial
interrogation of the applicant is not necessary at this stage;

Looking to the over all facts and circumstances of the
present case, I am inclined to consider the case of the applicant.

[14] 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, AIR 2011 SC 312.

[15] In the result, the present application is allowed. The applicant
is ordered to be released on bail in the event of his arrest in
connection with FIR being C.R.No.11200051200103 of 2020
registered with Dungra Police Station, District Valsad on his
executing a personal bond of Rs.10,000/- (Rupees Ten Thousand
Only) with one surety of like amount on the following conditions
that he :

(a) shall cooperate with the investigation and make himself

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available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on
22.07.2021 between 11.00 a.m. and 2.00 p.m.;

(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 him 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
his 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.

[16] 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 if 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

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entertaining the 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 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 bail order.

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

[18] 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.

[19] 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.

(A. S. SUPEHIA, J)
ABHISHEK

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