Tusharbhai @ Shingo Bhagvanbhai Talaviya vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

This successive bail application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with I-C.R. No. 89 of 2019 registered with Jawaharnagar Police Station, District- Vadodara (City) for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code.

Heard learned Advocate Mr. P. P. Majmudar for the Applicant and learned APP Mr. H. K. Patel for the Respondent State through Video Conference.

Submission of the Parties:

Learned Advocate for the Applicant / Accused has vehemently submitted that pursuant to the alleged suicide note (Chithi) the allegations are regarding the household routine work including cleanliness of fan and for preparing food, etc., which is usually happens in matrimonial life, therefore, allegations are very general in nature. He further submitted that co-accused have been enlarged on regular bail, therefore, the present applicant may be enlarged on regular bail by giving parity. There is no antecedent against the applicant-accused. The applicant-accused has family roots in the society and therefore, he is not likely to flee away from justice. That the charge sheet is also filed. That he will abide by whatever conditions imposed by the Hon'ble Court. He has therefore prayed that discretion may kindly be exercised and enlarge the applicant accused on regular bail..

Per contra, learned APP Mr. H. K. Patel for the State has heavily opposed this application and vehemently argued that the role attributed to the co-accused is lesser as compared to the role attributed to the present applicant, therefore, parity cannot be given. He further argued that marriage span is less than 7 years i.e. only 8 months and from the beginning of married life there is physical and mental torture by the present applicant and in-laws coupled with suicide note which drived the deceased to commit suicide therefore, discretion may not be exercised in favour of the applicant.

Merits of the Case:

This court has considered the following aspects:

(a) That in the present case it is an admitted fact that the Applicant accused has come for this Application after the charged sheet is filed.

(b) That even if it is a prima facie case, then also as such there is no antecedent.

(c) Further as per catena of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(d) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(e) That the Applicant Accused is in custody since 19.10.2019.

(f) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception, there should not be pre-trial punishment.

Having heard the learned Advocates for the applicant-accused and learned APP for the State, earlier on 26.08.2020 the present applicant had moved before this Court, at that time this Court has given liberty to file bail application after five months if the trial will not commence, therefore, present successive regular bail application is filed. Furtther in the present case, as per the FIR and pursuant to the contents of Suicide note (Chithi) which shows the allegations regarding household routine work ie. with regard to preparing of food and keeping cleanliness of Fan, etc, therefore, this Court is of the opinion that since trial is not commenced and as learned advocate for the applicant on instructions submitted that charge is not framed, therefore, in absence of antecedents and also pursuant to the nature of allegations and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. The Applicant Accused - TUSHARBHAI @ SHINGO BHAGVANBHAI TALAVIYA is ordered to be released on regular bail in connection with the aforesaid FIR on executing a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) 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 any Police Officer or tamper with the evidence.

(b) maintain law and order and not to indulge in any criminal activities.

(c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change his residence without prior permission of the trial Court.

(d) provide his contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.

(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.

(f) not leave India without prior permission of the Trial Court

(g) mark presence before the concerned police station on every 1st day of English calendar month between 12:00 Noon and 2:00 PM till one year or till the trial is concluded, whichever is earlier.

(h) surrender passport, if any, to the Trial Court within a week. If he does not possess passport, he shall file an Affidavit to that effect.

(i) shall maintain all the rules and regulations framed by the Municipality regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing.

Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.

If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if he is not required in connection with any other offence for the time being.

Rule is made absolute. The Registry is directed to communicate this order by Fax / by E-mail to the concerned Court / Authority.