Kaushil Sumeru Amin vs State Of Gujarat
2025 Latest Caselaw 5821 Guj

Gujarat High Court

Kaushil Sumeru Amin vs State Of Gujarat on 28 August, 2025

                                                                                                             NEUTRAL CITATION




                          R/CR.MA/6460/2025                                     ORDER DATED: 28/08/2025

                                                                                                              undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6460
                                                of 2025
                     ==========================================================
                                                   KAUSHIL SUMERU AMIN
                                                          Versus
                                                    STATE OF GUJARAT
                     ==========================================================

                                                 With
                      R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4973
                                                of 2025
                     ==========================================================
                                                   HARSHIL SUMERU AMIN
                                                          Versus
                                                    STATE OF GUJARAT
                     ==========================================================
                     Appearance:
                     MR JAL S. UNWALA, SENIOR ADVOCATE with MR. SURAJ A
                     SHUKLA(7185) for the Applicant(s) No. 1
                     MR BJ TRIVEDI(921) for the Respondent(s) No. 2
                     MR PINAKIN M RAVAL(2495) for the Respondent(s) No. 2
                     MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
                     ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                        Date : 28/08/2025

                                                   COMMON ORAL ORDER

1. The Applicants have filed this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicants on Anticipatory Bail in connection with FIR being C.R. No.11216005250072 of 2025 registered with Dehgam Police Station, Gandhinagar for the offences punishable under Sections 108, 115(2), 352, 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023.

2. Heard learned senior advocate Shri. Jal S. Unwala appearing with learned advocate Mr. Suraj A. Shukla for the applicants. He submitted that the present offence has been

NEUTRAL CITATION

R/CR.MA/6460/2025 ORDER DATED: 28/08/2025

undefined

registered against the present applicants along with the other co- accused on 04.01.2025. The prosecution seeks to rely upon the suicide note allegedly written by the deceased. He submitted that the suicide note upon which the prosecution wants to rely upon the suicide note which was written by the deceased on 28.01.2025, whereas the deceased had committed suicide on 03.02.2025. Thus, the suicide note had been written by the deceased five days prior to he actually committed suicide. This fact makes the said suicide note doubtful and unreliable. Secondly, the perusal of the suicide note would show that it is meticulously drafted, which also raises the doubt about the said suicide note having actually been written by the deceased himself. As per the case of prosecution, the deceased had forwarded the said suicide note to the advocate. Therefore, the involvement of the advocate in preparing the said suicide note cannot be ruled out. He further submitted that there were several litigations going on between the parties and a compromise had also been arrived at in those proceedings and it was the deceased himself who had submitted an application for an adjournment before the concerned Court in those proceedings, stating that the talks for settlement were going on between the parties. Subsequently, the deceased has stated in the suicide note that the said settlement was arrived at through force. He also submitted that no role whatsoever has been attributed to any of the present applicants in commission of the present offence. The instances which are cited by the deceased in the suicide note had taken place sometime prior to the incident of the deceased having committed suicide and there was no nexus at all between those incidents and the deceased

NEUTRAL CITATION

R/CR.MA/6460/2025 ORDER DATED: 28/08/2025

undefined

committing suicide. As per the case of prosecution itself, no incident whatsoever had taken place on 03.02.2025 involving any of the present applicants and therefore, it cannot be said that the applicants had driven the deceased to commit suicide. He therefore submitted to allow the present applications and enlarge the applicants on anticipatory bail subject to suitable conditions. Learned advocate sought to rely upon the Judgment of the Hon'ble Apex Court in the case of Abhinav Mohan Delkar Vs. the State of Maharashtra and Ors. (Criminal Appeal Nos. 2177-2185 of 2024) in support of his submissions.

3. Learned APP has opposed the present applications contending that the applicants herein happen to be the sons of the other co-accused. The applicants and the other co-accused wanted to see the deceased ousted from the land on which he was running a sawmill and for that purpose the deceased was subjected to constant physical and mental torture by the accused persons including the present applicants. There had been series of incidents wherein the deceased was subjected to physical and mental torture by the present applicants and the other co-accused. On 28.01.2025, the other co-accused, who happens to be the father of the present applicants, had visited the premises of the deceased and had assaulted him. The present applicants had also subjected the deceased to verbal abuse on several occasions. In the investigation carried out so far, the Investigating Agency has recorded the statements of several witnesses who have stated in their statements that the deceased was subjected to physical and mental torture at the hands of the present applicants and the other co-accused. He

NEUTRAL CITATION

R/CR.MA/6460/2025 ORDER DATED: 28/08/2025

undefined

also submitted that prior to committing suicide, the deceased had also recorded a video in his mobile phone wherein he has clearly named both the present applicants. Similarly, in the suicide note written by the deceased, the names of the present applicants have also been referred to. He therefore submitted to dismiss the present applications.

4. Learned Advocate Shri. Brijesh Trivedi appearing for the Original Complainant has also opposed the applications.

5. Heard learned advocates for the parties. From the record, it appears that the land on which the deceased was running his sawmill belonged to the trust namely Dehgam Gopalji Mandir Trust. The land in question was given on lease to the deceased by the Trust and the deceased was running his business of sawmill on the same land since last several years. Thereafter, the other co-accused who happens to be the father of the present applicants came to be inducted as a trustee in the said Trust. It appears that apart from a sawmill run by the deceased, the other parcels of land belonging to the trust were also occupied by the other entities or the individuals. The co-accused that is the father of the applicants was interested in seeing that the parcels of land in possession of the deceased and the other individuals are vacated. Several litigations were also going on in that regard and the deceased was also a party to those litigations. It is sought to be contended on behalf of the applicants that a settlement was arrived at between the parties in those litigations. However, it also emerges from the material on record that the accused persons including the applicants used to frequently visit

NEUTRAL CITATION

R/CR.MA/6460/2025 ORDER DATED: 28/08/2025

undefined

the premises of the deceased and the deceased was also subjected to verbal abuses at the hands of the present applicants. In the suicide note written by the deceased, he has categorically mentioned that the settlement was arrived at through coercion and undue influence. On 20.01.2025, the co- accused who is the father of the applicants had visited the premises of the deceased and had also assaulted him. The deceased has further mentioned in his suicide note that the present applicants used to come to his premises twice or thrice every day and would abuse him and he was also threatened of dire consequences if he did not vacate the land in question.

6. Learned Senior advocate appearing for the applicants has made his submissions as regards the veracity and genuineness of the suicide note. It is the case of the applicants that the said suicide note had been written by the deceased on 28.01.2025 whereas he committed suicide on 03.02.2025. This aspect would be subject matter of appreciation of evidence. At this stage, the fact remains that both the present applicants have been specifically named by the deceased in the suicide note with specific roles attributed to them.

7. Having regard to these aspects, no case is made out and hence the applications are dismissed.

(M. R. MENGDEY,J) AHS