Gujarat High Court
Darshankumar Natvarlal Chotani vs State Of Gujarat on 11 November, 2025
NEUTRAL CITATION
R/CR.MA/22173/2025 ORDER DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22173
of 2025
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DARSHANKUMAR NATVARLAL CHOTANI
Versus
STATE OF GUJARAT
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Appearance:
MR NISHANT LALAKIYA(5511) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 11/11/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No.11192010250277 of 2025 registered with Bagodra Police Station, Ahmedabad for the alleged offences as mentioned in the FIR.
3. Learned advocate Mr. Hriday Buch on behalf of learned advocate Mr. Nishant Lalakiya for the applicant submits that, applicant is merely an employee of Atul Auto Ltd. from where the deceased Page 1 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined Vipulbhai had purchased his auto rickshaw, who was never in any position to exercise undue influence or coercion upon the deceased. There is no iota of evidence about he having instigated the deceased Vipulbhai to commit suicide alongwith his family. According to Mr. Buch there was no other relationship between the applicant and the deceased Vipulbhai except, that of professional commitment. Mr. Buch has drawn the attention to this Court to the fact that, from the FIR itself, it is reflected that the FIR was an afterthought.
3.1. Mr. Buch in support of his oral arguments has relied upon the Judgment of Nipun Aneja and Others vs. State of Uttar Pradesh, delivered by Hon'ble Apex Court in Criminal Appeal No.654 of 2017 and the Judgment in the case of Mahendra Awase vs. State of Madhya Pradesh, reported in 2025 (0) AIJEL-SC 74589. Accordingly, Mr. Buch has prayed to allow this application.
4. Heard learned APP Mr. Soaham Joshi who has opposed the bail application stating that, there was constant instigation by way of phone calls from the applicant, which compelled the deceased Vipulbhai to take the most unfortunate and extreme step of not only ending his own life but, also the lives of his Page 2 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined entire family.
5. At the out set, FIR came to be lodged by one Subhashbhai Natubhai Chekhaliya, the brother-in-law of deceased Vipulbhai, wherein, he has stated that his brother-in-law Vipulbhai had purchased PNG rickshaw from Khushbu Auto Finance Ltd. on loan, for which, he was required to remit monthly loan installment of Rs.8,500/-. However, his brother-in-law was unable to repay the said loan, as such, the employees of the Khushbu Auto Finance Ltd. were constantly calling him, harassing him and threatening him, because of which, he was under tremendous pressure and severe tension, and unable to bear the same, he alongwith his wife and three children had ingested poisonous substance, which had resulted in their deaths.
6. It would be pertinent to observe that, in the FIR it has been mentioned that the family members of the deceased before lodging the FIR, had discussed between themselves, and thereafter, had lodged the same. It also transpires that, though initially accidental death was registered, the FIR was lodged by the brother-in-law of the deceased Vipulbhai, wherein he had mentioned that, his brother-in-law Vipulbhai and his sister Sonalben had informed their Page 3 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined mother before 5 days of the incident, about the threats given by the applicants. It is further revealed from the investigation papers that, deceased Vipulbhai had defaulted in payment of the very first loan installment of his auto rickshaw.
7. The Hon'ble Apex Court in the case of Nipun Aneja (Supra) in para 21 and 22 has observed that:
"21. The ingredients to constitute an offence under Section 306 of the IPC (abetment of suicide) would stand fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/incitement by the accused leaving no option but to commit suicide. Further, as the extreme action of committing suicide is also on account of great disturbance to the psychological imbalance of the deceased such incitement can be divided into two broad categories. First, where the deceased is having sentimental ties or physical relations with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity. In the case of former category sometimes a normal quarrel or the hot exchange of words may result into immediate psychological imbalance, consequently creating a situation of depression, loss of charm in life and if the person is unable to control sentiments of expectations, it may give temptations to the person to commit suicide, e.g., when there is relation of husband and wife, mother and son, brother and sister, sister and sister and other Page 4 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined relations of such type, where sentimental tie is by blood or due to physical relations. In the case of second category the tie is on account of official relations, where the expectations would be to discharge the obligations as provided for such duty in law and to receive the considerations as provided in law. In normal circumstances, relationships by sentimental tie cannot be equated with the official relationship. The reason being different nature of conduct to maintain that relationship. The former category leaves more expectations, whereas in the latter category, by and large, the expectations and obligations are prescribed by law, rules, policies and regulations.
22. The test that the Court should adopt in this type of cases is to make an endeavour to ascertain on the basis of the materials on record whether there is anything to indicate even prima facie that the accused intended the consequences of the act, i.e., suicide. Over a period of time, the trend of the courts is that such intention can be read into or gathered only after a full-fledged trial. The problem is that the courts just look into the factum of suicide and nothing more. We believe that such understanding on the part of the courts is wrong. It all depends on the nature of the offence & accusation. For example, whether the accused had the common intention under Section 34 of the IPC could be gathered only after a full-fledged trial on the basis of the depositions of the witnesses as regards the genesis of the occurrence, the manner of assault, the weapon used, the role played by the Page 5 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined accused etc. However, in cases of abetment of suicide by the large the facts make things clear more particularly from the nature of the allegations itself. The Courts should know how to apply the correct principles of law governing abetment of suicide to the facts on record. It is the inability on the part of the courts to understand and apply the correct principles of law to the cases of abetment of suicide, which leads to unnecessary prosecutions. We do understand and appreciate the feelings and sentiments of the family members of the deceased and we cannot find any fault on their part if they decide to lodge a First Information Report with the police. However, it is ultimately for the police and the courts of law to look into the matter and see that the persons against whom allegations have been levelled are not unnecessarily harassed or they are not put to trial just for the sake of prosecuting them."
8. The case on hand pertains to the second category as mentioned by the Hon'ble Apex Court in the aforesaid judgment, wherein, the tie is on account of official relation. The deceased Vipulbhai had taken loan from Khushbu Auto Finance Ltd. to purchase his auto rickshaw from Atul Auto Ltd. There do not appear to be any circumstances to indicate, even prima facie, that the applicant by his very act, had intended the consequences of the act i.e. suicide. Also, there do not appear to be any circumstances whereby, it can be inferred that, the applicant had Page 6 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined threatened the deceased Vipulbhai and his family members with dire consequences, such as harm to his family or severe financial ruin to extent that, he believed suicide is only way out.
9. So far the verdict of the Hon'ble Apex Court in the case of Mahendra Awase (supra) is concerned, it has been observed in para 19 that:
"19. .... A reading of the suicide note reveals that the appellant was asking the deceased to repay the loan guaranteed by the deceased and advanced to Ritesh Malakar. It could not be said that the appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to have instigated the deceased to commit suicide.... It could certainly not be said that the appellant by his acts created circumstances which left the deceased with no other option except to commit suicide...."
10. Both the aforesaid decisions of the Hon'ble Apex Court are squarely applicable to the case on hand. Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported Page 7 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to exercise discretion in favour of the applicant. It is true that, five precious human lives have been extinguished prematurely, however, to hold the applicant guilty at threshold and refusing him relief, would amount to denying him his right of anticipatory bail in the light of facts which have come on record during investigation till date.
11. In the event, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with FIR being C.R. No.11192010250277 of 2025 registered with Bagodra Police Station, Ahmedabad, the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety of like amount on the following conditions that the applicants:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 18.11.2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicants;Page 8 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025
NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
(g) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.-
12. It is made clear that, order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicant who have been granted pre-arrest bail.
13. During the trial, the Trial Court shall not be influenced by the prima facie observations made by Page 9 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025 NEUTRAL CITATION R/CR.MA/22173/2025 ORDER DATED: 11/11/2025 undefined this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) NITIN MAKWANA Page 10 of 10 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:13:50 IST 2025