MADHURIBEN SHIVKUMAR AVASTHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate for the applicant submits that charge -sheet is filed and the applicant a female accused and allegations levelled against her are seen in the context of a suicide note recovered by the police at the most reveal, prima facie about causing mental agony and torture to the deceased at the same time reading the complaint as a whole statements recorded during course of investigation do not attribute any proximate or direct provocation of applicant herein and by imposing suitable conditions the applicant may be enlarged on bail.

(2.) LEARNED APP as well as learned advocate appearing for the complainant opposes grant of bail on the ground that allegations levelled against the applicant are within the four corners of Sections 107 and 306 of the Code. However, learned advocate for the complainant would submit that strict conditions be imposed in case if the applicant is considered on the ground that she is a female.

(3.) CONSIDERING overall facts and circumstances and nature of impugned allegations levelled against the applicant about causing mental agony and practicing sorcery and some tantric rituals, at the most can be considered along with suicide note by the trial Court, at this stage when the whole family of the applicant is behind the bar and considering the nature of accusation levelled against the applicant, I find this is a fit case for granting bail since charge -sheet is also filed. Under the circumstances, the applicant is ordered to be released on bail in connection with C.R. No.I -30 of 2011 with Meghaninagar Police Station, Ahmedabad, on her furnishing bond of Rs. 5000/ -(Rupees Five Thousand) with one surety of like amount to the satisfaction of the lower Court and subject to following conditions: