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.

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 The said application was, however, stood disposed of as withdrawn.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 Application No. 10815 of 2024 came to be disposed of as withdrawn vide order dated 16.07.2024. Learned advocate submitted that his Court had considered the material available on record and therefore, turned down the request of the applicant for grant of bail. Thereafter, there is no change in the circumstances. It is further contended by learned advocate Mr. Rachh that the accused used to come home in a drunken condition and used to urinate in the house often. The accused used to forced his deceased wife to clear the urination. Thereby, the deceased wife was subjected to physical and mental torture. It is further contended that the applicant was having an extra-marital affair, which also contributed in leading the deceased wife to commit suicide. Learned advocate, therefore, requested that the present application be dismissed.

7. Heard the learned advocates for the respective parties.

8. At the outset, it is worth to take note of the fact that the present accused had earlier filed Criminal Misc. Application No. 10815 of 2024, which came to be dismissed as withdrawn. Learned advocate for the applicant is unable to point out any change in the circumstances. The sole ground for seeking the bail is that after withdrawal of the earlier Criminal Misc. Application, there is no substantial progress in the trial and even the charge is not framed. As against this contention of the learned advocate for the petitioner, it is informed by the learned advocate for the complainant that the matter has been fixed before the lower court on 3^rd April, 2025.

9. The material available on record clearly indicates that the applicant is a habitual drunkard and used to come home after consumption of liquor and thereafter the applicant used to subject the deceased wife to physical and mental torture. There is material available on record in the form of statement of neighbor, who has categorically stated that the applicant used to frequently subject his deceased wife to physical and mental torture. There had been frequent quarrels between the applicant and deceased wife. The material available on record also indicate that after consumption of liquor, the present applicant used to urinate in the house and used to force the deceased to clear the house. It has also come on record that the applicant was having an extra-marital affair.

10. In view of the above reasoning, the present application deserves to be dismissed. It is dismissed, accordingly.