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UMESH A. TRIVEDI
NEETABEN (ANITA) RAMESHKUMAR CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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 06.12.2022, 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 Sections 306, 304B, 498-A, 354A, 354D and 114 of the Indian Penal Code as also under Sections 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 court emphasized the importance of specific instances and evidence in allegations of harassment and referred to the settled law for the charge under Section 306 of the IPC.
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
The court addresses anticipatory bail in dowry-related death cases, considering the proximity of demands and death to presume culpability.
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