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Rameshbhai Kanjibhai Waghela vs State Of Gujarat on 10 May, 2018

R/CR.MA/7388/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 7388 of 2018

RAMESHBHAI KANJIBHAI WAGHELA
Versus
STATE OF GUJARAT

Appearance:
MR UMESH TRIVEDI FOR MR RR TRIVEDI(941) for the PETITIONER(s) No.
1,2
MS NISHA THAKORE APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 10/05/2018

ORAL ORDER

1. Heard learned advocate for the applicants and learned
A.P.P. 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.
being C.R.No.79 of 2017 registered with Jetpur Taluka police
station for the offences punishable under Sections 306, 498A
and 114 of the Indian Penal Code.

3. Briefly stated, it is alleged that the daughter of the
complainant is married with one Mr.Jitendrabhai and is residing
in the joint family alongwith her husband. It is alleged that
after one month, all the in-laws started harassing the daughter
of the complainant for dowry and demanded Rs.10,000/- which
was paid to them but, they continued demanding money. It is
alleged that the daughter of the complainant was also beaten
and harassed for household work and, therefore, the
complainant took her to his home. It is alleged that thereafter,

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R/CR.MA/7388/2018 ORDER

her in-laws came to the complainant’s house and stated that
they will not harass her in any way. It is further alleged that on
23.11.2017, father-in-law of the daughter of the complainant
called the complainant on phone and told that his daughter is
died due to burning. Thus, the present complaint came to be
lodged.

4. Considering the chargesheet papers supplied by the
learned A.P.P. during the course of hearing, it appears that the
applicant is residing separately but, in the same premises. No
doubt, the marriage span is of 8 months. There are general
allegations of mental and physical torture. Further, the
analysis and scrutiny of police papers, as it is, does not
disclose with unqualified clarity to come to conclusive finding
at threshold the applicants’ unassailable finding of culpability
under Section 306 of the IPC. The materials on record do not
indicate, prima facie, any act of cruelty or harassment, mental
or physical, so as to persistently/continuously provoke the
deceased to take extreme step with no other option. No such
persistent or consistent applicants’ conduct, which requires
culpability, is found in the police papers, more particularly,
from the statement of the near and dear to the deceased. No
doubt, the deceased died due to unnatural death and she was
not happy. To attract section 306, there has to be clear mens
rea to commit an offence and active and direct role leading the
deceased to commit suicide. The averments made in the FIR
are very general in its nature allegedly involved entire family
and attributes same and identical role to all the persons
charged. Additionally, the alleged offence do not provide
punishment either life imprisonment or death penalty and,
therefore, there is no likelihood or possibility to jump the bail

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R/CR.MA/7388/2018 ORDER

or escape the trial out of fear of conviction and, therefore,
present Criminal Misc. Application deserves consideration.

5. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R.No.79 of
2017 registered with Jetpur Taluka police station on executing
a bond of Rs.10,000/- (Rupees Ten Thousand only) each with
one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that they 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.

[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 applicants only
if they are 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

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R/CR.MA/7388/2018 ORDER

of preliminary nature, qua the evidence at this stage, made by
this Court while enlarging the applicants on bail.

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

(S.H.VORA, J.)
Hitesh

Page 4 of 4

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