In a significant legal development, the Supreme Court has delivered a judgment in the case of State of Gujarat vs. a Female Resident of Rajkot City. The Court granted anticipatory bail to the female resident, considering the nature of allegations and the need for appropriate conditions. Stay tuned to learn more about the conditions set by the Court and the implications of this judgment.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure, 1973.
- The petitioner seeks anticipatory bail in case of his arrest related to FIR C.R.No.11208058240012 of 2024 at Airport Police Station, Rajkot City.
Arguments
- The learned advocate for Petitioner argues that the FIR does not disclose the offense under Section 107 of the Indian Penal Code necessary for proposing the charge under Section 306.
- Petitioner, a 21-year-old lady and a permanent resident of Rajkot City, is willing to cooperate with the investigation.
- The Additional Public Prosecutor representing the State opposes anticipatory bail due to the gravity of the offense, stating that the deceased committed suicide due to harassment by the Petitioner.
- The FIR mentions a year-long general dispute between the husband and wife, leading the Petitioner to seek money from her parental home, allegedly resulting in the deceased’s suicide.
- The Petitioner is facing charges based on the allegations, although she claims not to be involved in the offense.
- The learned advocate for the Petitioner requests anticipatory bail for the Petitioner, citing the nature of the allegations and the need for suitable conditions.
Analysis
- In order to prove the offence under Section 306 of the Indian Penal Code, the ingredients of Section 107 of the Indian Penal Code must be satisfied.
- The FIR does not establish the essential ingredients of Section 107 IPC, indicating that the offence under Section 306 IPC is not made out.
- The Court must exercise its discretion judiciously, adhering strictly to the principles established by the Apex Court.
- When considering a bail application, factors to be considered include the prima facie grounds of the accused committing the offence, nature and gravity of the accusation, severity of potential punishment, risk of the accused absconding, the accused’s character and behavior, the likelihood of the offence being repeated, and the potential influence on witnesses.
- An elaborate examination of evidence and detailed reasons should be avoided at the bail stage to prevent prejudice to the accused.
- The learned counsel for both parties were heard by the Court.
- The record of the case was perused by the Court.
- The Court considered the facts of the case.
- The nature of allegations and the role attributed to the accused were taken into consideration by the Court.
- The Court refrained from discussing the evidence in detail at this stage.
- The Court expressed inclination to exercise discretion in favor of the petitioner.
- The Court cited the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.
- Allegations of general dispute between the husband and wife were noted in the FIR.
- The present petition is allowed by directing that in the event of the applicant being arrested pursuant to FIR registered as C.R.No.11208058240012 of 2024 with Airport Police Station, Rajkot City, the petitioner shall be released on bail.
- The bail amount is set at Rs. 10,000/- along with one surety of like amount.
- Certain conditions are imposed on the petitioner upon release on bail:
- Cooperation with the investigation and availability for interrogation whenever required.
- Mandatory presence at the concerned Police Station on 29.04.2024 between 10.00 a.m. and 4.00 p.m.
- Restriction from making any inducement, threat, or promise to deter individuals from disclosing facts to the court or police.
- Prohibition from obstructing the police investigation or tampering with evidence.
- Requirement to provide and maintain a specific address to the investigating officer and court, without changing residence until final case disposal.
- Restriction on leaving India without permission from the trial court, and depositing passport with the court if in possession.
Decision
- The Trial Court has the authority to delete, modify, or relax any of the conditions set by the Court in accordance with the law.
- The Trial Court should not be influenced by any preliminary observations made by the Court while granting bail to the petitioner.
- Direct service is permitted for communication with the petitioner.
- If the petitioner breaches any of the conditions, the concerned Judge has the discretion to take appropriate action.
Case Title: PALLAVIBEN D/O DINESHBHAI PANCHALA W/O SANJAYBHAI BAVALIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6850/2024
