'Bride real, not looteri dulhan': grants bail to Kavita Soni
The on Tuesday granted to Kavita Soni, the owner of a marriage bureau, who was arrested in a cheating case involving allegations of being part of the so-called "looteri dulhan" gang. Justice Hasmukh D. Suthar, presiding over the bail application, observed that the marriage arranged by the bureau was genuine and that the accused played no role in any organized criminal network.
The Allegations and the Arrest
According to the FIR registered at Himmatnagar 'A' Division Police Station in Sabarkantha district, Kavita Soni and her husband ran a marriage bureau named "Divya Shakti." The complainant approached the bureau to arrange a match for his nephew. The prosecution alleged that the accused received Rs 2.10 lakh as brokerage and later solemnized the marriage of the nephew with a different woman than originally agreed upon. Additionally, a total of Rs 5.10 lakh was allegedly collected, with some amount meant for the bride's family not being paid. The FIR invoked Sections 316(2) (), 316(5) ( by broker), 61(2) (), and 54 () of the .
Arguments in Court
The applicant's counsel, , argued that his client was innocent and had been falsely implicated. He highlighted that the investigation was complete and a had been filed, with no further recovery or discovery required from the accused. On the other hand, the Additional Public Prosecutor, , opposed the bail, contending that the gravity of the offence and the applicant's made her a and that she might .
Court's Observations
Justice Suthar, after perusing the investigation papers, noted that the allegations, even if taken at face value, limited the applicant's role to promising and solemnizing the marriage of the complainant's nephew.
"If we accept the said allegation as it is, even though role of present applicant is limited to give promise or to solemnize the marriage of nephew of the complainant. Except this, no role is attributed to present applicant as member of
,"
the court observed.
The judge emphasized that the marriage arranged was real, distinguishing the case from typical "looteri dulhan" scenarios where brides flee after the ceremony.
"But, the marriage is real and (the accused) got the marriage done; even if it is with another woman, it is real,"
he remarked during the proceedings.
The court further noted that the investigation was over, the applicant had been in custody since , and there was nothing to be recovered from her. Although the applicant had a past criminal record, the court reminded that everyone is . Citing the 's observations in
and
, the court reiterated that
"
."
Decision and Conditions
Granting the application, the court ordered the release of Kavita Soni on a of Rs 25,000 with one of the like amount. The court imposed several conditions: the applicant must not take undue advantage of the liberty, not hamper the investigation, surrender her passport, not leave Gujarat without court permission, mark her presence monthly at the police station for six months, and furnish her Aadhaar card and address details. The court also warned that any breach of conditions could lead to .
The trial court was directed not to be influenced by the preliminary observations made during this bail order. With this, the case stands committed to trial, but the applicant will now face the proceedings from outside the jail.