DHARMIBEN PRABHURAM PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above applications have been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the common First Information Report being I-C.R. No.11195060210405 of 2021 registered with Vav Police Station, Banaskantha for the offences punishable under Ss. 306 , 498(A) and 114 of the Indian Penal Code. The applicant in Criminal Miscellaneous Application No.20680/2021 is the mother- in-law of the deceased and the applicant in Criminal Miscellaneous Application No.20930/2021 is the sister-in- law of the deceased.

(2.) In Criminal Miscellaneous Application No.21259/2021, the applicant No.1 is the husband of the deceased and the applicant No.2 is the father-in-law of the deceased. In this application, learned Advocate for the applicants Mr. Sanjay Prajapati does not press for the prayer for the applicant No.1 - the husband of the deceased. At this stage, the learned Advocate states that he would withdraw the application for the applicant No.1 - Chetankumar @ Chelabhai Prabhuram Pandya with a liberty to file file an appropriate application after charge- sheet. Permission as prayed for is granted. Criminal Miscellaneous Application No.21259/2021 is disposed of as withdrawn, with the aforesaid liberty qua the applicant No.1 only. Rule is discharged qua the applicant No.1.

(3.) Learned Advocate for the applicants Mr. Sanjay Prajapati submitted that that the allegations are made against the present applicants of having instigated the husband of the deceased for physically and mentally harassing the deceased. It is submitted that it is a case of trust deficit where the husband was doubting his wife and this resulted into strained relations between the couple. It is also submitted that the deceased had submitted a complaint against her husband and a settlement was arrived at in presence of elders and representatives of the community. The husband had assured that he would take proper care of his wife and certain conditions were agreed upon between the couple. It is further submitted that there are no direct / explicit allegations against the present applicants of having instigated the deceased in the commission of the suicide. There are general allegations that the applicants were harassing her for the domestic work. It is submitted that in totality of the allegations, it can be suggested that the husband was physically harassing the deceased on the ground of suspicion of her character which led to the deceased taking the final step of taking her own life. The First Information Report does not reveal any direct involvement of the present applicants in the commission of suicide. However, it is also stated the marriage span was of five years and the husband had to comply with the terms and conditions suggested by the representatives of the community. However, no specific role has been assigned to the father-in-law in the complainant. It was, therefore, prayed that the present applications may be allowed and the applicants herein, i.e. Dharmiben Prabhuram Pandya, Varshaben W/o. Dalpatbhai Pandya and Prabhuram Piraji Pandya may be released on regular bail.