Ullasben W/O Vasudev Kalyansinh Parmar vs State Of Gujarat

Ilesh J. Vora, J

[1] This appeal is filed under Section 439 of the Code of Crimina Procedure read with Section 14(A) of the Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Act,1989, the appellants

challenges the order dated 27.04.2021 passed by learned 11th Sessions Judge, (Special Judge, Atrocity cases), Vadodara in Criminal Mis. Application

No.817 of 2021, whereby the learned Sessions Judge refused to grant regular bail under Section 439 of the Criminal Procedure Code, 1973 to the

appellants â€" original accused in connection with FIR being CR No. 1196039210041 of 2021 registered with Nandesari Police Station, Dist.

Vadodara for the offence punishable under Sections 306, 114 of the Indian Penal Code and Sections 3(2)(v), 3(1)(r), 3(1)(s) of the Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities) Act.

[2] Mr.Radhesh Vyas, learned advocate appearing on behalf of the appellants through video conference submits that the chargesheet has already

been filed and the appellants are suffering confinement since 20.02.2021. Hence, further detention of the appellants are unwarranted. Referring to the

averments made in the FIR, it was submitted that there was no instigation or intention on the part of the appellants to attract the offence of abetment

of suicide. It was submitted that there are no criminal antecedents to the discredits of the appellants. Under this circumstances, the appellants may be

enlarged on bail.

[3] Mrs. Krina Calla, learned Additional Public Prosecutor appearing on behalf of the respondent State through video conference opposed the present

appeal contending that considering the conduct of the appellants, nature of accusation, this Court may not enlarge the appellants on bail.

[4] Mr.A.M.Saiyed, learned advocate appearing on behalf of the respondent No.2 through video conference opposed bail application contending that

the appellants and their family members have instigated the deceased, as a result, he committed suicide. He further submitted that there is a possibility

that if the appellants are released on bail, they may attempt to intimidate or influence the witnesses and also they may flee from justice. Under these

circumstances, Mr. Saiyed, learned advocate for respondent No.2 urges before this Court to dismiss the present appeal.

[5] Heard learned advocates for the respective parties.

[6] It is the case of the prosecution that on 11.02.2021 the complainant and the appellants are residing in the same area and they were neighobours.

On 12.02.2021, due to some domestic quarrel arisen between the parties, deceased Ketan had been scolded by the family members of the appellants

and also insulted and humiliated by them as being a member of Scheduled Castes. It is further case of the prosecution that due to domestic dispute

between the parties, the deceased Ketan decided to end his life. On 14.02.2021, he committed suicide by jumping off into Mahisagar river. In this

background of the facts, the FIR came to be registered against the appellants and other family members.

[7] Having considered the submissions made by the learned advocates for the respective parties and having gone through the chargesheet case papers

as supplied by the learned advocate Mr.Saiyed, this Court is of prima facie view that there is no reasonable ground to believe that the appellants have

intentionally aid or instigated in the alleged commission of the suicide. The averments made in the FIR shows that there was domestic dispute arises

between the parties as a result, the deceased Ketan committed suicide. This Court is also considered the fact that the appellants have no antecedents

of similar nature. Thus, this Court does not find any good reason to detain the appellants in custody and that too, after completion of investigation in

filing of the chargesheet.

[8] Under this circumstances, this Court is of the considered view that the appellants have made out a case for bail and I incline to exercise the

discretion in favour of the appellants. Hence, the present appeal is allowed and the impugned order dated 27.04.2021 passed by learned 11th Sessions

Judge, (Special Judge, Atrocity cases), Vadodara in Criminal Mis. Application No.817 of 2021 is hereby quashed and set aside. The appellants are

ordered to be released on regular bail in connection with an offence being CR No. 11196039210041 of 2021 registered with Nandesari Police Station,

Dist. Vadodara on executing a personal bond of Rs.10,000/Â (Rupees Ten thousands only) each with one surety of the like amount to the satisfaction

of the learned 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English

calendar month, for a period of six months only, between 10:00 a.m. and 2:00 p.m.;

[f] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the

residence without prior permission of this Court;

[9] The Authorities will release the appellants 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 issue warrant or take appropriate action in the matter. Bail bond to be

executed before the learned 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, learned 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.

[10] Registry to send the copy of this Order to the concerned jail authority through Fax and Email.