The court emphasized that successive bail applications require a demonstration of changed circumstances, particularly in serious cases involving allegations of cruelty and abetment of suicide.

ORDER :

(M. R. MENGDEY, J.)

1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11200045240789 of 2024 registered with Umbergaon Police Station, District Valsad, for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code, 1860.

2. Learned advocate for the applicant has submitted that the applicant has been arrested in connection of the present offence on 27.05.2024. The applicant had earlier preferred Criminal Misc. Application No.17556 of 2024, which was allowed to be withdrawn vide order dated 09.09.2024. However, there is no progress in the trial. The applicant happens to be the husband of the deceased who had taken the deceased to the hospital after the incident had taken place. He has further submitted that after the arrest of the applicant, there is no progress in the trial. He, therefore, submitted to allow the application.

3. The learned APP appearing for the respondent State has vehemently submitted that the offences alleged against the present applicant is serious in nature. He further submits that the allegations against the applicant, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.

4. Heard learned advocates for the respective parties and perused the documents produced on record. The investigation is over and Charge-sheet is filed.

5. At the outset, it is required to be noted that the applicant had earlier preferred Criminal Misc. Application No.17556 of 2024 which was allowed to be withdrawn by this Court vide order dated 09.09.2024 as this Court was not inclined to exercise its discretion in favour of the applicant after having heard the matter on merits. After withdrawal of the said application, the present applicant has filed present successive bail application. Learned advocate for the applicant is not in a position to show change in circumstances after the earlier application came to be withdrawn. It is sought to be contended that there has been no progress in the trial after withdrawal of the earlier. However, the facts remains that the offence in question had taken place in the month of May, 2024 and the applicant came to be arrested on 27.05.2024. It is also required to be noted that the period of one year has also not passed after the registration of the present offence. It would not be the ground for the applicant to file a successive application for bail.

6. The applicant happens to be the husband of the deceased. The material on record suggests that the married life of the applicant with the deceased was of 4 years and during this span, the applicant had subjected the deceased to constant physical and mental torture which has driven the deceased to commit suicide.

7. Having regard to the aforesaid observations, this Court is not inclined to use its judicial discretion in favour of the applicant. The application is dismissed.