Gujarat High Court
Raghuvirsinh @ Raghusinh Vijaysinh ... vs State Of Gujarat on 24 July, 2025
NEUTRAL CITATION
R/CR.MA/8123/2025 ORDER DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO.8123 of 2025
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RAGHUVIRSINH @ RAGHUSINH VIJAYSINH CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR. MITESH R RAVAL(17405) for the Applicant(s) No. 1
MR. SANDEEP M SONI(17404) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 24/07/2025
ORAL ORDER
1. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
regular bail in connection with FIR being CR. No.11197059240754 of 2024
registered with Jarod Police Station, Vadodara Rural for the offences
punishable under Sections 103(1), 115(2) of the Bharatiya Nyaya Sanhita, 2023
and Section 135(1) of Gujarat Police Act.
2. Heard learned Advocate Mr. Mitesh Raval appearing for the applicant.
He submitted that the applicant has been arrested in connection with the present
offence on 27.07.2024. The case of prosecution is based upon circumstantial
evidence. Having regard to the circumstances on which the prosecution seeks
to rely upon against the present applicant, might not complete the chain leading
NEUTRAL CITATION
R/CR.MA/8123/2025 ORDER DATED: 24/07/2025
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to the guilt of present applicant. He further submitted that the FIR had been
lodged in the present offence by the father of the deceased who in his
deposition before the learned Trial Court, has stated in his cross-examination
that prior to the marriage of his daughter with the present applicant, necessary
inquiry with regard to his background, was undertaken and he was found to be
good. The first informant in his deposition, has not deposed to anything with
regard to an extra marital affair of the present applicant. He, therefore,
submitted to allow the present application and enlarge the applicant on bail
subject to suitable conditions. He has further submitted that the applicant has
good reputation in the society and no useful purpose would be served by
keeping the applicant in Jail for indefinite period. It is further contended that
the applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail. Learned Advocate for the applicant is
sought to rely upon the judgment of the Hon'ble Apex Court in case of State of
Rajasthan Versus Hanuman (Criminal Appeal No.6312/2017).
3. Per contra, learned APP has opposed the present application for grant of
regular bail by contending that there is a strong prima-facie case against the
present applicant for having committed the present offence. Learned APP has,
therefore, submitted that looking to the nature of offence, this Court may not
exercise the discretion in favour of the applicant and the application may be
dismissed.
NEUTRAL CITATION
R/CR.MA/8123/2025 ORDER DATED: 24/07/2025
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4. Heard the learned Advocates for the parties. The present applicant
happens to be the husband of the deceased. The marriage between the present
applicant and the deceased had been performed three months prior to the date
of incident. The incident had taken place in the intervening night of 26.07.2024
and 27.07.2024 at around 1:40 a.m. in the house where the deceased along with
the present applicant was residing. From the material available on record, it
appears that the applicant was having an extra marital affair with a lady named
Vaibhavi alias Nilam since last one year. The deceased came to know about the
said affair as she had seen the photographs of the present applicant with the
said lady in the mobile phone of the present applicant. The Investigating
agency recorded the statement of the said Vaibhavi alias Nilam wherein she has
admitted of having a love affair with the present applicant. On the fateful night,
a quarrel had taken place between the applicant and the deceased on this issue.
The Investigating agency has recorded the statement of one Subhashsinh C.
Chauhan who happens to be uncle of the present applicant and also happens to
be his neighbor. He, in his statement has stated that on the night of 26.07.2024
at around 1:40 a.m., he and his wife woke up after having heard the cries of
deceased for help. Having heard those cries, he made a phone call on the
mobile of the present applicant, however the applicant did not pick up the said
phone. This statement goes to indicate that an incident has taken place at night
and the deceased was crying for help. The Investigating Officer has also
recorded the statement of the mother and the sister of the present applicant.
NEUTRAL CITATION
R/CR.MA/8123/2025 ORDER DATED: 24/07/2025
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They, in their statements, stated that they found the deceased dead on the next
morning and having found her dead, the applicant was seen sleeping in his
room. Thereafter, they made an inquiry with the present applicant and the
applicant had informed them that he was having an affair with the aforesaid
Vaibhavi alias Nilam and because of the same, quarrel had taken place between
himself and the deceased during which, the applicant had inflicted blows with
the knife on the neck of the deceased. The knife which was allegedly used by
the applicant for commission of the offence, had also been discovered at the
behast of the present applicant. The record further indicates that blood stain
were found on the Banyan which was worn by the present applicant at the time
of incident and as per the FSL report, the blood group of blood stain found on
the said Banyan, was 'O' and the blood group of the deceased as well as the
applicant was also 'O'. There is nothing on record to indicate that the applicant
had sustained any injuries in the incident. Therefore, there is a reason to believe
at this stage that the blood which was found in the Banyan belonged to the
deceased. Having regard to these facts, no case is made out. Hence, the present
application is dismissed.
(M. R. MENGDEY,J)
RAVI OZA
