Gujarat High Court
Chaudhary Sanjaybhai Ambalal vs State Of Gujarat on 4 November, 2025
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
Reserved On : 15/10/2025
Pronounced On : 04/11/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20257 of 2025
(FOR ANTICIPATORY BAIL)
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI : Sd/-
=======================================================
Approved for Reporting Yes No
-- √
=======================================================
CHAUDHARY SANJAYBHAI AMBALAL
Versus
STATE OF GUJARAT
=======================================================
Appearance:
MR PANKAJ S CHAUDHARY(3269) for the Applicant(s) No. 1
MR PRATIK B BAROT(3711) for the Respondent(s) No. 1
MR HARDIK SONI APP for the Respondent(s) No. 1
=======================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
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 a (for short "BNSS"), the applicant has
prayed for anticipatory bail in the event of
arrest in connection with the FIR being C.R. No.
11206033250580 of 2025 registered with Unjha
Police Station, Mehsana for the alleged offences
as mentioned in the FIR.
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
3. Heard learned advocate, Mr. Pankaj Chaudhary for
the applicant, learned APP Mr. Hardik Soni for the
respondent - State of Gujarat and learned
advocate, Mr. Pratik Barot for the original
complainant.
4. Learned advocate, Mr. Chaudhary referred to the
FIR and submitted that so-called unfortunate
incident has occurred on 25.08.2025 and the FIR
has been lodged on 30.08.2025 and thus, there is
delay in registering the aforesaid FIR, which
itself suggests false implication of the applicant
in the commission of crime. He submitted that the
applicant is serving in CISF and since last more
than 9-10 years, the applicant has been
discharging his duty outside the territory of
State of Gujarat, therefore, it is practically
impossible on the part of the applicant to meet
the deceased at regular interval, therefore, there
is no question of giving mental and physical
harassment to the deceased, which led her to
commit suicide, therefore, none of the ingredients
of the alleged offences are made out.
5. Learned advocate for the applicant submitted that
in fact, in past before the marriage of the
applicant and the deceased, there were
relationship between them, however, the said
relationship could not be materialized as there
were objections of the family members of both the
parties, therefore, they have solemnized their
marriage separately and have settled in their
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
respective life but after the marriage, the
deceased was not happy in her marital life as her
husband (the complainant) was having illicit
relationship with another lady, therefore, she
again came into contact with the applicant and
pressurizing the applicant to keep relationship
with her but just to save his marriage, the
applicant was not willing to continue with the
same but when the applicant had refused to
continue with the said relationship, the deceased
threatened the applicant that if he will not
maintain relationship with her, in that event, she
will commit suicide, therefore, the applicant was
compelled and put in a condition to continue the
said relationship with her.
6. Learned advocate submitted that in fact, with a
sole intent to book the present applicant at the
time of registration of the FIR, the complainant
has heavily put reliance upon the WhatsApp chats
between the applicant and the deceased for last
three days before the date of commission of
suicide. He submitted that as stated above, the
applicant and the deceased both were in a love
relationship since long and they were in constant
contact with each other through mobile and there
were number of chats exchanged between the
parties, copies of almost all those chats during
the period between last three months are tendered
across the bar. Referring to those WhatsApp chats
between the applicant and the deceased, he
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
submitted that if the Hon'ble Court would make
cursory glance upon the contents of those chats,
in that event, it is found out that the applicant
herein has tried his level best to get out from
the said relationship by cutting off the said
relationship and since last more than three years,
the applicant has blocked round about 17 mobile
numbers of the deceased but despite the said fact,
with the help of new number, the deceased used to
connect with the applicant herein, details of
which are produced on record and, thereafter, the
deceased was pressurizing the applicant to
continue with the said relationship. He further
submitted that not only that, by sending
photographs holding knife in her hand, the
deceased threatened the applicant that if he will
not come and meet her, in that event, she will
kill herself and because of such threats
administered by the deceased, the applicant was
constrained to meet her leaving all his work aside
and the said fact is substantiated from the
WhatsApp chats produced on record. He, therefore,
submitted that from the contents of those WhatsApp
exchanges executed between the applicant and the
deceased crystallizes the position of fact that on
number of occasions, the applicant had tried to
pacify the deceased and earnestly urged her to
keep calm and relieve her anger but instead of
doing so, the deceased had administered threats to
the applicant to maintain (continue with)
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
relationship and if he fails to continue the
relationship then, she will end her life. He
further submitted that in fact, two years prior to
registration of the FIR, the fact of relationship
between the applicant and the deceased came to the
notice of the family members of the deceased,
therefore, the father-in-law and brother-in-law of
the deceased met the applicant and asked him to
discontinue the said relationship and the
applicant conceded to their request and
discontinued the relationship with the deceased
but the said aspect was not liked by the deceased
and she kept on calling the deceased with the help
of different mobile numbers and asked him to keep
continue relationship with him, otherwise, she
would commit suicide and thus, indirect threats
were administered by the deceased to maintain
relationship. He again referred to the WhatsApp
chats between the applicant and the deceased and
submitted that bare perusal of those chats
crystalizes the position of fact that the
applicant had never aided, intended and/or
instigated the deceased to committ suicide,
therefore, none of the ingredients to constitute
the charge under Section 108 of BNS, 2023 are
satisfied. He further submitted that in fact,
there is no instigation on the part of the
applicant, which led the deceased to commit
suicide. He further submitted that in fact, it was
the deceased, who wanted to keep relationship
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
despite her marriage with the complainant and as
stated above, the applicant since long wanted to
discontinue with the said relationship, therefore,
the reason behind committing suicide by the
deceased is something else. He has placed reliance
upon the decision of the Hon'ble Supreme Court in
case of Arnab Manoranjan Goswami Vs. State of
Maharashtra & Ors., reported in (2021) 2 SCC 427,
copy of which is produced on record. He submitted
that considering the nature of allegations,
custodial interrogation at this stage is not
necessary and the applicant will keep himself
available during the course of investigation,
trial also and will not flee from justice. He
further submitted under the instructions that the
applicant is ready and willing to abide by all the
conditions including imposition of conditions
while releasing the applicant on anticipatory
bail. Learned advocate, therefore, submitted that
considering the above facts, the applicant may be
granted anticipatory bail.
7. Learned advocate, Mr. Barot for the original
complainant has opposed the present application
contending that from the allegations leveled in
the FIR, prima facie involvement of the applicant
is found out, therefore, he is not entitled for
any relief as prayed for. He submitted that
immediately after the occurrence of the incident,
the complainant had gone into shock considering
the fact that as to how the said unfortunate
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
incident has occurred but subsequently after
checking from the mobile phone of the deceased, he
came to know about the mental harassment meted out
to the deceased by the applicant, which led her to
commit suicide and upon coming to know about the
said fact, he immediately lodged the complaint
against the applicant. He submitted that in fact,
the applicant and the deceased both are married
persons and are settled in their respective life,
despite the said fact, the applicant had continued
with the said relationship and the applicant had
forced the deceased to maintain it and the said
fact is supported by the WhatsApp chats produced
along with the reply filed by the original
complainant. He submitted that if the Hon'ble
Court would make cursory glance upon the
conversations taken place between the applicant
and the deceased on WhatsApp, in that event,
entire picture would be crystallized. He submitted
that it is found out from the said chats that the
applicant used to seek ID Password of the CCTV
installed in the society, where the deceased was
residing with a sole intent to keep watch upon her
including her daily routine activity and when the
deceased failed to provide the said details, the
applicant had used abusive language and also
administered threats and because of which, the
deceased was living under fear of threat as also
under mental stress. He further submitted that in
fact, the applicant had administered threats to
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
the effect that if she will fulfill her demand, in
that event, he will back out from the said
relationship, therefore, the deceased had
succumbed to the ill-will of the applicant. He
again referred to certain portion of chats between
the applicant and the deceased and submitted that
the applicant had instigated the deceased to
commit suicide just 2-3 days before by sending
message. He, however, submitted that he is well
aware about the fact that during anger, if
somebody would make a statement that "go and die"
then, it would not constitute the ingredients to
attract the charge of abetment to commit suicide
but here in the present case, admittedly there was
persistent demands and harassment on the part of
the applicant to provide ID Password of CCTV
camera installed in the society and when she
failed to provide it, the applicant asked her to
commit suicide. He further submitted that in fact,
harassment was upto such an extent that the
applicant forced her to give minute to minute
details of her daily activities and thus, the
applicant herein has instigated and aided the
deceased to commit suicide and because of such
harassment, the deceased went into disturbed state
of mind and ultimately committed suicide. He,
therefore, submitted that considering the above
facts of the case, no leniency may be shown upon
the applicant, whose act has ended life of one
innocent lady.
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
8. Learned advocate, at this stage, referred to
Section 45, which provides for "a person abets the
doing of a thing", more particularly, sub-clause
(c), which provides that "intentionally aids, by
any act or illegal omission, the doing of that
thing". Referring to the said provision, it is
submitted that ingredients to constitute the
charge under Section 108 of BNS, 2023 is
satisfied, therefore, this Hon'ble Court may not
exercise the discretion in favour of the
applicant. He further submitted that in fact, so
far as the submissions with regard to having
illicit relations of the complainant with another
lady and registration of the FIR against the
father-in-law of the deceased are concerned, those
submissions are made in air without any supporting
documents and in fact, those aspects do not have
any relevance to the suicide committed by the
deceased, however just to misguide this Hon'ble
Court, such submissions are clubbed together and
are made to protect the skin of the applicant, who
is involved in serious offence, wherein one
innocent lady has ended her life because of the
mental harassment. He has also referred to the
observations made by the Hon'ble Supreme Court in
case of Siddharam Satlingappa Mhetre vs. State of
Maharashtra and Ors. reported in (2011) 1 SCC 6941
and submitted that in the said decision, the
Hon'ble Supreme Court has given certain
guidelines/ criteria while considering the
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
application for anticipatory bail. He, therefore,
submitted that considering the above facts of the
case, the applicant is not entitled for any relief
as prayed, therefore, the present application may
be rejected.
9. Learned Additional Public Prosecutor appearing on
behalf of the respondent - State has opposed grant
of anticipatory bail looking to the nature and
gravity of the offence contending that he is
adopting the submissions canvassed by learned
advocate for the original complainant. He,
however, submitted that involvement of the
applicant in the commission of crime is clearly
spelt out from the investigation papers collected
so far. He submitted that it is found out from the
record that just because of harassment of the
applicant upon the deceased, she had committed
suicide, therefore, this is not a fit case,
wherein this Hon'ble Court may exercise the
discretion in favour of the applicant.
10. Having heard the learned advocates appearing 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
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
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.
11. I have considered the following aspects.
(a) so-call unfortunate incident has occurred on
25.08.2025, for which, FIR has been lodged on
30.08.2025;
(b) it is found out from the material available
on record produced by both the parties that
the applicant and the deceased both were in
contact i.e. prior to their marriage and
after the marriage also, which is also
supported by the WhatsApp chats produced by
both the parties;
(c) however after going through the WhatsApp
chats produced on record, I am prima facie of
the opinion that after the marriage, the
applicant had stopped the relationship,
however thereafter, she contacted the
applicant and forced her to keep relationship
with her and not only that, to keep the said
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
relationship, threats were administered by
the deceased to the applicant and the said
fact is supported by the WhatsApp chats and
because of which, the applicant had no option
but to keep the relationship;
(d) as can be seen from the WhatsApp chats, on
the day of incident, because of constant
threats administered by the deceased, the
applicant had said that "go and die" and,
thereafter, the deceased had committed
suicide, however in view of the decision of
the Hon'ble Supreme Court, such words cannot
be termed as "instigation to commit suicide",
therefore, none of the ingredients under
Section 108 of the BNS, 2023 is made out
against the applicant;
(e) the applicant is serving in CISF and since
last more than 9-10 years, the applicant has
been discharging his duty outside the
territory of State of Gujarat and thus the
applicant was not continuously with the
deceased and except the WhatsApp chats, there
is nothing incriminating material connecting
the applicant with the alleged commission of
crime. Over and above that, the applicant has
blocked around 17 mobile numbers of the
deceased, however despite the said fact, with
the help of new mobile number, the deceased
used to contact the applicant, which itself
suggests that the deceased wanted to keep
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
relationship with the applicant;
(f) as stated above, the applicant is serving in
CISF and was outside the territory of State
of Gujarat in discharge of his duty,
therefore, if there was pressure upon the
deceased by the applicant to keep
relationship, in that event, the deceased had
opportunity to block the mobile number of the
applicant and she could have stopped the
relationship with the applicant;
(g) considering the overall facts of the case, I
am of the considered opinion that custodial
interrogation of the applicant is not
required;
12. 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 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 allow the present application.
13. In the result, 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. 11206033250580 of 2025 registered
with Unjha Police Station, Mehsana, the applicant
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
shall be released on bail on furnishing a personal
bond of Rs.15,000/- (Rupees Fifteen Thousand Only)
with one surety of like amount on the following
conditions that applicant:
(a) shall cooperate with the investigation and
make himself available for interrogation
whenever required;
(b) shall remain present at the concerned Police
Station on 11.11.2025 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 applicant;
(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 her/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) an 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
person who seeks and is granted pre-arrest
bail;
NEUTRAL CITATION
R/CR.MA/20257/2025 CAV JUDGMENT DATED: 04/11/2025
undefined
(h) 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.-
14. At the trial, the Trial Court shall not be
influenced by the prima facie observations made by
this Court while enlarging the applicant on bail.
15. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
Sd/-
(DIVYESH A. JOSHI, J.)
Gautam
