HITESHBHAI KURJIBHAI DHANDHALYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11198002210521 registered with Alang Police Station, Bhavnagar for offences punishable under Sec. 498A , 306 and 114 of IPC.

(2.) The impugned complaint came to be registered on 31/10/2021 by Nandlalbhai Shambhubhai Jani, who happens to be the father of Shitalben (now deceased) and the father-in-law of the applicant herein. In the complaint, it is averred that the marriage between the applicant and his daughter-Shitalben took place before about 3 1/2 years of the filing of impugned complaint. Before the marriage was solemnized, the applicant was serving in a private firm at Rajkot and it was agreed upon between both the families that after the marriage, the applicant and daugther-Shitalben would settle down at Rajkot. However, after the marriage, the applicant and his wife- Shitalben settled down at their village named Padra and never shifted to Rajkot. After about six months of marriage, the applicant left his job at Rajkot and returned to Village Padra. It is averred that thereafter, the applicant and daughter- Shitalben shifted to Bhavnagar and they stayed there for about three months. Around that period, his daughter-Shitalben had suffered from some skin infection and the applicant, instead of looking after her, left for Village Padra in the weekend. Shitalben used to inform about her plight to her two sisters as also her mother. It is also averred that her mother-in-law, i.e. original accused No.2, used to compel her to do agricultural work in the field and used to hurl verbal abuses at her if Shitalben was unable to execute the agricultural work as per her wish.

(3.) Learned advocate Mr. Mrudul Barot appearing for the applicant submitted that general and vague allegations have been made against the applicant in the impugned FIR. No specific instance of any mental or physical torture allegedly at the hands of the applicant on the deceased has been narrated in the impugned complaint. There is nothing on record to suggest that an amount of Rs.1.85 Lacs had transferred hands as payment towards dowry. Mere allegations of asking the deceased to do household or agricultural work could not be termed as instigation to constitute an offence under Sec. 306 IPC.