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HIGH COURT OF GUJARAT
MRM
ANAND RAGHAVBHAI RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.No. 11208051240129 of 2024 lodged before the B-Division Police Station, Rajkot.
2. The applicant has been arrested on 07.03.2023 in connection with the aforesaid FIR and has been in jail since then.
3. The applicant earlier filed Criminal Misc. Application No. 10815 of 2024 before this Court seeking regular bail after chargesheet. The said application was, however, stood disposed of as withdrawn.
4. Since the trial has not progressed substantially, the applicant has preferred the present application seeking regular bail requesting this Court to enlarge the applicant on bail imposing stringent conditions.
5. Learned APP has opposed the present bail application contending that the deceased wife was subjected to mental and physical torture by the applicant persistently, which led the deceased wife to commit suicide.
6. Learned advocate Mr. Premal Rachh for the respondent No.1-complainant also opposed the present bail application contending that the earlier bail application filed by the applicant being Criminal Misc. Application No. 10815
The court denied bail based on the applicant's history of domestic abuse and lack of substantial trial progress, emphasizing the seriousness of the allegations.
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.
The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure....
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
The court held that contradictions in witness statements do not justify bail when the nature of the crime is severe and no change in circumstances is presented.
The absence of evidence linking the accused to the suicide negates the requirement for continued detention.
The court emphasized that bail is a discretionary remedy, particularly in serious offences like murder, where credible evidence suggests premeditated intent.
Bail can be granted when the detention of the accused is not necessary for ongoing investigations.
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