PRATIK VIRESHBHAI VAVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending the arrest, the applicant herein seeks anticipatory bail in connection with the FIR being C.R.No. 11210048200949 of 2020 registered with Umara Police Station, Dist. Surat, for the offences under Ss. 498-A , 323 , 504 , 506(2) and 114 of the IPC and Ss. 3 , 4 , 5 and and of the Dowry Prohibition Act .

(2.) Facts and circumstances giving rise to the present application is that, the applicant herein is the husband of informant and their marriage was solemnized on 19/9/2006 and out of their wedlock, they blessed with one child, born on 14/9/2009. Initially, parties were residing together in joint family at Ankleshwar, Dist. Bharuch and thereafter, at Ahmedabad for a period of one year. The applicant herein serving with private company and was transferred at Ghaziabad, Uttar Pradesh where, they resided together for a period of five years and thereafter, they went to Australia, where, the informant delivered a child. It is alleged in the FIR that, the applicant and her in-laws subjected her mental and physical cruelty and demanded dowry. It is alleged that, the applicant - husband used to beat her and having habit of drinking liquor. It is alleged in the FIR that, when they were at Australia, she was harassed by the accused, as a result of which, she had filed a complaint before the magisterial court at Dandenong, Australia, however, matter was settled amicably. It is further alleged in the FIR that, she along with her husband and child returned back to India and again, settled Ghaziabad, where, she was harassed by the applicant and in-laws. It is alleged in the FIR that, after one year, she had been driven out from the home by the applicant and she came to Surat city. It is alleged that, on 23/7/2020, to save her matrimonial life, she decided to reside with the applicant and had gone to Ghaziabad, where, she stayed there for about 13 days. It is further alleged in the FIR that, when she was at Ghaziabad, she was brutally beaten by the applicant husband, for which, she made a complaint with Indrapuram Police Station and on the next day, she came back at Surat and taken treatment at private hospital for the injuries caused by the applicant husband. It is also alleged by the informant that, as a part of harassment, the original birth certificate and passport of the child being intentionally retained by the husband and still, it is with the husband. In this background facts, the informant lodged an FIR on 29/8/2020 for the alleged offence as referred above for the harassment, cruelty and offence of demand of dowry.

(3.) The applicant along with his parents moved an anticipatory bail application before the Sessions Court and the same is partly allowed. The Sessions Court granted pre-arrest bail to the parents. So far present applicant is concerned, while rejecting his bail application, the Sessions court noticed the various incidents of harassment and facts of demand of dowry and came to the conclusion that, the allegation against the applicant husband, prima facie, is made out for the alleged offence. The Sessions Court noted that the applicant husband refused to handover the original documents like birth certificate and passport of the son, as the documents are necessary for getting admission in the school etc.