Point of law: There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case

ORDER :

1. This application is filed under Section 439 of the Criminal Procedure Code, 1973 ('the Code' for short) for enlarging the applicant on regular bail in connection with FIR being C.R.No.11191020201399 registered with Vastrapur police station, Ahmedabad city for the alleged offences punishable under Sections 498A, 325, 323, 294(b), 506(2), 354A and 114 of Indian Penal Code. The said FIR came to be filed on 16.8.2020. Thereafter, the Investigating Officer had filed a report on 17.8.2020 and requested the learned Magistrate to add Section 307 of Indian Penal Code in the FIR. The same has been accepted. Thereafter, another report dated 28.8.2020 has been filed by the Investigating Officer with a request to add Sections 365, 384, 342, 199 and 120(B) of Indian Penal Code.

CRUX OF THE FIR:

2. The first informant filed the said FIR against her husband and three others and she has mainly stated in the said FIR that she got married with the original accused no.1 in the year 2011 and a girl child namely Arya was born out of the said wedlock. It is alleged that one year after the marriage, the original accused no.1 started mentally and physically harassing the first informant. It is mainly alleged that on the occasion of the birthday of the daughter of the first informant i.e. on 1.8.2020 at around 11.00 p.m., when she, along with her other relatives were present, original accused nos.2 and 3 started taunting the first informant that she did not bring anything from her parental house. Thereafter, the original accused no.4 who is the father of the first informant, gave abuses to the first informant. It is also alleged that because of the instigation done at the behest of original accused no.4, original accused no.1 started quarreling with the first informant and gave abuses to the mother of the first informant. When the first informant tried to stop the original accused no.1-husband from speaking abusive language, it is alleged that original accused no.1-husband had given six-seven slaps on her face and fist blow on her nose. It is alleged that the accused persons in connivance with each other, thrown the first informant and her mother out of the house and gave threats that if she will file police complaint, she will be done to death.

3. Heard learned senior counsel Mr. Mukul Rohatgi assisted by learned counsel Ms. Devanshi Singh and learned counsel Mr. Ankit Pandya for the applicant and learned Public Prosecutor Mr. Mitesh Amin for the respondent-State.

SUBMISSIONS ON BEHALF OF THE APPLICANT:

4. Learned senior counsel Mr. Rohatgi appearing for the applicant has submitted that as per the case of the first informant, a domestic quarrel took place late at night at around 11 p.m. between the first informant and other accused who were present at the place of incident. In the said incident, the husband had beaten up the first informant and therefore the first informant informed the concerned police on telephone. It is submitted that thereafter, after a period of 15 days i.e. on 16.8.2020, FIR in question has been filed with the Vastrapur police station. It is submitted that the applicant who is the uncle-in-law of the first informant is not named in the FIR.

4.1 At this stage, learned senior counsel submits that the present applicant filed written complaint on 16.8.2020 against Fizu Maunang Patel–first informant of the present FIR and Jankiben Mukeshbhai Patel – mother of Fizu. In the said complaint, present applicant had levelled various allegations against the aforesaid two persons.

4.2 Learned senior counsel thereafter contended that further statement of the first informant was recorded on 28.8.2020 wherein for the first time, she has levelled allegations against the present applicant. With the said further statement, she has narrated the incident which had taken place on 24.8.2020. It has been mainly alleged that one Jankitbhai Prajapati came at the residence of the first informant and told her that the present applicant has sent him and s