NEETABEN (ANITA) RAMESHKUMAR CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned APP Mr. K.M.Antani, waives service of notice of rule for and on behalf of the respondent - State as also learned advocate Mr. A.R.Kadri, waives service of notice of rule for and on behalf of the original first informant.

(2.) Both these applications are filed by Neetaben (Anita) Rameshkumar Chauhan and Rameshkumar Motilal Chauhan respectively, who happen to be the parents-in-law of the deceased - Kusumlata, who committed suicide at her matrimonial home on 6/12/2022, praying for an order of Anticipatory Bail in connection with an offence registered at C.R.No.11191027220607 of 2022 with Karanj Police Station, Ahmedabad City for the offence punishable under Ss. 306 , 304B , 498-A , 354A , 354D and 114 of the Indian Penal Code as also under Ss. 4 and 7 of the Dowry Prohibition Act.

(3.) Mr. Jaydeep Sindhi, learned advocate for the applicants in respective applications, submitted that as such marriage of their son took place with deceased - Kusumlata approximately 4 years prior to the date of incident and since then, she was staying with her husband and the parents-in-law at Ahmedabad. He has further submitted that the allegations levelled in the FIR with regard to cruelty or harassment and demand of dowry are nothing but an improvement in the case and as such no such events took place, as claimed. He has further submitted that on deceased - Kusumlata committing suicide, her parents staying in Rajasthan were informed about the same and they rushed down to Ahmedabad. Pursuant to the suicide by hanging committed by Kusumlata, an accidental death case came to be registered vide No.30 of 2022 under Sec. 174 of the Code of Criminal Procedure, 1973. He has further submitted that pursuant thereto the statements of the first informant himself as also the neighbours and the relatives of the first informant were recorded on 7/12/2022, 9/12/2022 and 10/12/2022 where no any allegation of either cruelty, harassment or sexual harassment or stalking is made against father-in-law i.e. applicant of Criminal Misc. Application No.2943 of 2023, in those statements. He has further submitted that if at all any such cruelty or harassment, as claimed in the First Information Report, was administered by the applicants prior to the filing of even First Information Report, even to the statements recorded pursuant to an accidental death case, that too, by Assistant Commissioner of Police, Ahmedabad, they would have certainly said so in the said statements. However, it is submitted that no such facts have been narrated in the said statements and First Information Report clearly stated that he doesn't doubt anyone for the present and since he is in shock, he doesn't want to say anything further but after post death rituals are over and discussing with family members, whatever statements he wants to give he may give the same, which suggests that as such allegation levelled in the FIR is nothing but an afterthought.