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2025 Supreme(Online)(GUJ) 2912
HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
TANVIRHUSAIN S/O BASHIRMIYA RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4378 of 2025
The court granted anticipatory bail, emphasizing the lack of necessity for custodial interrogation in matrimonial disputes and the importance of judicial discretion in such cases.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail application - FIR registered for offences under Sections 85, 109, 115(2), 296(b) and 61 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Dowry Prohibition Act, 1961 - Allegations of mental and physical cruelty in a matrimonial dispute - Delay in filing FIR and lack of corroborative evidence noted - No necessity for custodial interrogation established. (Paras 1.0, 2.0, 5.0, 6.0)
(B) Bail - Considerations for granting anticipatory bail include nature of accusation, antecedents of the applicant, and possibility of fleeing from justice - Court must exercise discretion judiciously and avoid prejudicing the accused at this stage. (Paras 5.0, 6.0)
Facts of the case:
The applicant, a practicing lawyer, faces allegations of cruelty from his wife, with the FIR filed belatedly and no corroborative evidence presented. The incident is characterized as stemming from trivial matrimonial discord.
Findings of Court:
The application for anticipatory bail is allowed, with conditions set for cooperation with the investigation and restrictions on leaving the country.
Issues: The court addressed the necessity of custodial interrogation and the nature of the allegations in the context of matrimonial disputes.
Ratio Decidendi: The court emphasized the importance of judicial discretion in bail applications, particularly in cases involving matrimonial disputes and the absence of serious criminality.
Result: Application for anticipatory bail allowed.
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNS S ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11191038250143 of 2025 dated 08.02.2025 registered with Vatva Police Station, Ahmedabad City for the offences punishable under Sections 85, 109 , 115(2) , 296(b) and 61 of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and sections 3 and 7 of the Dowry Prohibition Act, 1961 .
[2.0] Learned advocate for the applicant submits that the FIR is filed out of a matrimonial dispute which is given color of criminality only due to the gravity of offence. The alleged incident took place on 24.02.2025 and complaint is filed belatedly however no any corroborative piece of evidence and all the family members of the husband are involved in the offence only with a view to settle score and hence, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
[3.0] Learned advocate for the original complainant has submitted objections against the present application which are considered.
[4.0] Learned Additional Public Prosecutor as well as learned advocate for the respondent No.2 – original complainant have opposed grant of anticipatory bail on the ground that present applicant is a practicing lawyer and he has caused cruelty and issued notice for Talaq and not only that he is highly influential man due to which no proper investigation is carried out and even otherwise after the complainant twice approached this Court, she could file the present complaint and if the applicant is granted anticipatory bail then the possibility of tampering with evidence cannot be ruled out and therefore also, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.
[5.0] Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.
(1) The FIR is filed by the wife against husband (present applicant) making allegations of mental and physical cruelty against all the family members of the applicant i.e. husband and that the applicant herein had tried to throttled the complainant;
(2) The alleged incident took place on 24.02.2024 whereas the FIR is filed belatedly. Perusing the injury certificate obviously dated 09.02.2025, no injury marks are found;
(3) No weapon is used in the offence and therefore, nothing is required to be recovered or discovered from the present applicant;
(4) Dispute has arisen from trivial matrimonial discord which is sought to be given color of criminality;
(5) Offence is not
