Vinodbhai @ Annubhai Mohanbhai Togadiya vs State Of Gujarat

S.H.Vora, J

Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

Heard learned advocate, for the applicant and learned APP, for the respondent-State.

This 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. 11191035210798 of 2021 with Naroda Police Station for the offences punishable under Sections 306, 506(2), 120-B of the IPC.

Heard and examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed. No past antecedent is registered qua the applicant.

(ii) No any role is attributed to the present applicant in the suicide note or any allegation as to abetment to commit suicide is made in it.

(iii) 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. 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. 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.

(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11191035210798 of 2021 with Naroda Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse 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;

The competent authority will release the applicant only if the applicant is 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 applicant on bail.

Rule made absolute to the aforesaid extent.

Direct service is permitted.