R/CR.MA/2431/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2431 of 2018
TIRTH @ CHAKU NANAKRAM KUNDANI 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR C B UPADHYAYA, ADVOCATE for the Applicant(s) No. 1 – 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 15/02/2018
ORAL ORDER
1. Heard learned advocate, for the applicants and learned
APP, for the respondent-State.
2. This successive 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 – 87/2017 with Talala
Police Station, Gir-Somnath for the offences punishable under
Sections 306, 498A and 114 of the IPC.
3. Considering the chargesheet papers supplied by learned
APP during the course of hearing and more particularly two
statements of complainant and Ms. Sangitaben recorded by
the investigating agency, it appears that there are general
allegations alleged against the applicants and also there is an
inconsistent version with reference to the incident in
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question. The analysis and scrutiny of police papers, as it is,
does not disclose with unqualified clarity to come to
conclusive finding at threshold the applicant’s 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 applicant’s 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
or escape the trial out of fear of conviction and therefore,
present Criminal Misc. Application deserves consideration.
4. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R. No. I –
87/2017 with Talala Police Station, Gir-Somnath 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
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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;
[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;
5. 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 of preliminary nature, qua the evidence at this
stage, made by this Court while enlarging the applicants on
bail.
6. Rule made absolute to the aforesaid extent. Direct
service is permitted.
(S.H.VORA, J.)
Tausif
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