Court says allegations were limited to supporting and instigating the husband, no custodial interrogation was needed, and the offences were not punishable with death or life imprisonment.
The Gujarat High Court has granted anticipatory bail to five relatives of a husband booked in connection with an FIR alleging offences under the Bharatiya Nyay Sanhita, 2023, and the Muslim Women (Protection of Rights on Marriage) Act.
Justice Sanjeev J. Thaker, hearing the application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, observed that the applicants were not accused of any direct violent or grave act. According to the Court, the only allegations against them were that they supported the husband and instigated him to give talaq to the complainant.
The applicants argued that custodial interrogation was unnecessary, that they would cooperate with the investigation, and that they would not flee from justice. The State opposed the plea, citing the seriousness of the allegations. However, the Court found that the offences invoked were not punishable with death or life imprisonment, and noted that the applicants had no past criminal antecedents.
Relying on settled principles laid down by the Supreme Court in Gurubaksh Singh Sibbia, Siddharam Satlingappa Mhetre, and Sushila Aggarwal, the High Court reiterated that bail decisions must be made cautiously, while considering factors such as the nature of the accusation, the applicant’s antecedents, the possibility of absconding, and whether arrest is being used to humiliate the accused. The Court also emphasized that a detailed examination of evidence should be avoided at the bail stage.
Granting relief, the Court directed that in the event of arrest or appearance, the applicants be released on personal bond of Rs. 10,000 each with one surety of like amount. The bail was made subject to several conditions, including cooperation with the investigation, non-interference with witnesses, not hampering evidence, appearing before the police station on a specified date, furnishing and maintaining their address, and not leaving India without permission. If they possess passports, they must deposit them before the trial court within a week.
The Court further clarified that if the applicants violate any bail condition, the police or investigating agency may approach the trial court under Section 483(2) of the BNSS for appropriate orders, including arrest. It also stated that the anticipatory bail order would not affect the ongoing investigation, and that the trial court should not be influenced by the prima facie observations made in the bail order.
Bottom Line :
Anticipatory bail granted to relatives of husband in FIR under Bharatiya Nyay Sanhita and Muslim Women (Protection of Rights on Marriage) Act, where allegations against applicants were only of supporting and instigating husband to give talaq, offences were not punishable with death or life imprisonment, applicants had no antecedents, and custodial interrogation was not found necessary.
Statutory provision(s):
Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 85, 351(2), 54, Bharatiya Nyay Sanhita, 2023; Section 4, Muslim Women (Protection of Rights on Marriage) Act; Section 483(2), Bharatiya Nagarik Suraksha Sanhita, 2023
Rahimaben Abdulkarim Manasiya v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2987101
