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R/CR.MA/9440/2021 ORDER DATED: 13/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9440 of 2021
RINKU KAILASH PATHAK
Versus
STATE OF GUJARAT
Appearance:
SUNILKUMAR N PUNJANI(8845) 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.11191065210613
of 2021 registered with Narol Police Station,
Ahmedabad City, Dist.Ahmedabad for the offences
punishable under Sections 306, 498A, 323 and 114 of
the Indian Penal Code, 1860 as well as under
sections 3 and 7 of the Dowry Prohibition Act.
[3] The case of the prosecution in brief is that the
applicant and the other co-accused have meted out
cruelty and physical harassment to the deceased,
which had driven her to commit suicide on 02.05.2021
by jumping from the gallery of the flat.
[4] Learned advocate for the applicant has submitted
that in fact the applicant is staying at Mumbai,
Maharashtra since 2002 after her marriage and she has
no role in the aforesaid offence. It is submitted
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that even if the contents of the F.I.R. are taken on
its face value, there is no allegation with regard to
the instigation or abatement on behalf of the
applicant, which could have driven the deceased to
commit suicide. It is further submitted that in fact
the deceased was suffering from mental ailment and
she was also taking treatment in this regard. Learned
advocate has placed reliance on the medical papers
and treatment, which was being administered to the
deceased. It is further 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
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 his 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.
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[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. He has
further placed reliance on the report of the
investigating officer and statement of the witness
and has submitted that the applicant, though was
staying at Mumbai, Maharashtra, she was used to visit
occasionally at her parental home, where the deceased
was staying and she was harassing the deceased, which
ultimately resulted in committing suicide.
[6] Having heard the learned advocates for the
parties and perusing the material placed on record
i.e. report of the investigating officer and
statements of witnesses 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;
(b) Considering the facts of the case, the custodial
interrogation of the applicant at this stage is not
necessary.
(c) The applicant is staying separately at Mumbai,
Maharashtra;
(d) From the allegations levelled in the F.I.R.,
prima facie it appears that there is no instigation
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or abatement on the behest of the applicant, which
would have left the deceased with no other option but
to commit suicide;
(e) Prima facie it appears that the deceased was
suffering from mental ailment for which she was also
taking treatment.
[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.11191065210613 of 2021 registered
with Narol Police Station, Ahmedabad City,
Dist.Ahmedabad 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.;
(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
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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,
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
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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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