MERABHAI BUDHABHAI (BODHABHAI) BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant herein, who is apprehending arrest in connection with FIR No. 11206020250585 of 2025 registered with Kadi Police Station, Mehsana for the offence alleged to have been committed under Ss. 108 & 54 of the Bharatiya Nyaya Sanhita, 2023, as well as, Ss. 40 and 40(d) of the Gujarat Money-Lenders Act, 2011, has preferred the present application under Sec. 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 praying for anticipatory bail.

(2.) The FIR came to be lodged by the father of the deceased Dharmesh Panchal, who, along with his wife and 9 years old son, had committed suicide, pursuant to the threats given by the applicant and other co-accused.

(3.) As mentioned in the FIR, Dharmesh Panchal - the son of the original complainant, Dharmesh's wife Urmila and minor son Prakash had committed suicide, by jumping into Narmada Canal on 7/6/2025. Two mobile phones and two suicide notes were recovered from the car of the deceased. It was mentioned by the deceased in his suicide note that, he was unable to bear the harassment caused by the money-lenders and that, they had no other option but to end their lives, which they ultimately did. Phone call recordings were also found from the mobile phones of the deceased Dharmesh, which were in the nature of threats being given by the applicant and other co-accused. Though the deceased had paid the interest amounts to the applicant and other co-accused, they were demanding more amounts towards interest from him, and a shop which was in his wife's name, was also taken away by way of an agreement to sell. The applicant herein was paid Rs.4,80,000.00 by the deceased, however, he was demanding more money from him i.e. the deceased.