The court maintained that bail cannot be granted where there is a reasonable basis for believing that the accused has committed serious offences, including abetment to suicide related to dowry demands and character suspicion.

ORDER

1. By way of this application, filed under Section 439 of the Code of Criminal Procedure, 1973 , the applicant – Piraram @ Piyush Darji is seeking regular bail in connection with the FIR being C.R.No.11191005211303 of 2021 registered with Khadia Police Station, Ahmedabad for the offences punishable under Section s 498A , 306, 323, 294B and 114 of the Indian Penal Code and Section s 3 and 7 of the Dowry Prohibition Act .

2. The Trial Court, by its order dated 04.04.2022, declined to grant the prayer of regular bail made by the applicant- accused. Dissatisfied with the order, the applicant has preferred instant application.

3. Facts and circumstances giving rise to file present bail application are that the wife of the applicant ended her life by committing suicide at her matrimonial home. The marriage of the deceased with the present applicant was solemnized on 29.06.2020. The incident of suicide took place on 21.10.2021. On 24.10.2021, the applicant herein arrested pursuant to the FIR lodged by the brother of the deceased. It is the case of the prosecution that after the marriage, deceased was denied to pursue competitive exam so as to enable her to join the government or banking service. It is alleged that the present applicant and the in- laws of the deceased demanded Rs.1 lakh towards the dowry and accordingly, it was paid by the father of the deceased. It is alleged that when deceased was pregnant, the husband – applicant said her that the child conceived is not of his child, but it is someone who conceived her, and thereby, the applicant was suspected on her character. It is alleged that after birth of the baby-boy, the applicant-husband maintained extramarital affairs relationship and ignored the presence of the deceased. It is alleged that the deceased was subjected to mental and physical torture and cruelty, as a result of which, she had left her with no other alternative but put an end to her life.

She committed suicide by hanging herself at her matrimonial home. The brother of the deceased lodged an FIR against the applicant and in-laws. The Investigating Officer of the case, after competition of the investigation, submitted chargesheet before the Court concerned and same has been culminated into Sessions Case No.31 of

2022.

4. This Court has heard learned counsel Mr.Zubin Bharda with learned advocate Mr.Kishan H. Dahiya, appearing for and on behalf of the applicant-accused, Mr.R.J. Goswami, learned counsel for original informant and Ms.Moxa Thakkar, learned APP for the respondent-State.

5. Mr.Bharda, learned counsel for the applicant – accused would submit that the applicant has been falsely implicated in the alleged offence. He would further urge that looking to the FIR and statements of witnesses, nothing has been brought on record to suggest that the applicant – accused had provoked incited or induced the deceased to commit suicide. He would further submit that the allegations against the applicant that he was suspecting on the character of the deceased and having extramarital relationship with someone, are far from the truth as except bald allegations, nothing has been brought on record to establish the allegations, as referred in the FIR. In support his contentions, strong reliance has been placed on the judgment of the Apex Court in the case of K.V. Prakash Babu Vs. State of Karnataka (AIR 2016 SC 5430) to submit that extramarital relationship per se, or as such would not come within the ambit of Section 498A of the IPC.

6. Mr.Bharda, learned advocate would further submit that looking to the FIR and chargesheet case papers, accepted as it is, then also no offence as alleged un