PRATAPDAN SHAMALDAN GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. J.M. Panchal with learned Advocate Mr. Ekant Ahuja for the applicants, learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State and learned Advocate Mr. Bhavdutt H. Bhatt for the original complainant.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants pray for being released them on anticipatory bail in connection with FIR being C.R. No. 11191013211096 of 2021 registered with Krushnanagar Police Station, District Ahmedabad on 20/7/2021 for offences punishable under Ss. 498(A) 377 , 323 , 294(B) , 506(2) and 114 of the Indian Penal Code and Ss. 3 and 7 of the Dowry Prohibition Act.

(3.) Learned Senior Advocate Mr. J.M. Panchal for the applicants would submit that the applicants before this Court are the father-in-law and mother-in-law of the daughter of the complainant. It is submitted that the daughter of the complainant was married to son of the applicants, namely Dharmendrabhai in the year 2007 and whereas on account of some marital discord, the daughter of the complainant was staying in her parental home since few days and on 15/7/2021, the daughter of the complainant had gone missing and whereas the present FIR came to be filed thereafter. Learned Senior Advocate Mr. Panchal would take this Court through the averments/ allegations made in the FIR in detail. Learned Senior Advocate would try to emphasize that the daughter of the complainant as well as accused No.1 i.e. her husband were living separately from at least 2013. Learned Senior Advocate would submit that in the interregnum, more particularly the marriage span being of almost 14 years, the daughter of the complainant had at some point of time gone back to her parental home and as per the averments in the FIR itself, she had been called by the applicants to come back to her matrimonial home, more particularly with a condition that a house would be purchased in the name of the daughter of the complainant. Learned Senior Advocate would submit that as far as the allegations against the applicants are concerned, general allegations for offences punishable under Sec. 498(A) of the IPC have been levelled and whereas learned Senior Advocate would submit that there are no allegations against the applicants for having committed any other offences as found in the FIR. Learned Senior Advocate would draw the attention of this Court to birth certificate of the son of the daughter of the complainant, wherein according to the learned Senior Advocate, they were staying independently and whereas the address of the house is mentioned in the said birth certificate. Learned Senior Advocate would further draw the attention of this Court to a document, whereby the house which the daughter of the complainant and her husband were last staying together, was also purchased in the name of the daughter of the complainant and her husband and whereas it is submitted that they were staying there at least from the year 2018 onwards. Learned Senior Advocate would thereafter draw the attention of this Court to a Chart at Para 5 of the application and would submit that the present applicant No.1 is working in the police force and he had been posted at various places throughout the State of Gujarat and whereas list of places have been shown in the Chart along with time period and whereas learned Senior Advocate would submit that except for visiting their son and his family, the present applicants had never stayed with the daughter of the complainant and her husband in a single house. Learned Senior Advocate would thereafter draw the attention of this Court to a Janvajog Entry No. 156 of 2021, dtd. 15/7/2021 and would submit that in the said Janvajog Entry there is a reference to a letter written by the daughter of the complainant when she had left her house and whereas pertinently learned Senior Advocate would emphasize on the fact that in the said Janvajog Entry, the complainant clearly states that he dose not have any suspicion on anybody with regard to his daughter having gone missing. Learned Senior Advocate would thereafter refer to transcript of an audio clip sent by the daughter of the complainant when he had gone missing and whereas according to the learned Senior Advocate, in the said audio clip while the daughter of the complainant states that she is not ready to take any more tension and therefore she was going to commit suicide and whereas it was submitted that the husband of the daughter of the complainant had allegedly threatened the daughter of the complainant that he would commit suicide and therefore the daughter of the complainant being fed up by such threats, had stated that today she will commit suicide and will show him. Learned Senior Advocate would emphasize on the fact that the daughter of the complainant wanted to live in her parental house and whereas her family members wanted to send her to the matrimonial house and therefore it appears that she had decided to end her life.