Court notes prima facie absence of mens rea, filing of charge-sheet, and long custody while allowing regular bail to accused father in Valsad case
The Gujarat High Court has granted regular bail to a man accused in a case involving the death of his daughter during alleged black-magic-related treatment, observing that the material on record prima facie did not show criminal intent and instead suggested rash and negligent conduct.
Justice Nikhil S. Kariel allowed the bail plea of Arjunbhai Sukhabhai Halpati, who was arrested in connection with FIR No. 11200038251514 of 2025 registered at Pardi Police Station, Valsad. The case had been booked under Sections 105, 212 and 54 of the Bharatiya Nyaya Sanhita, 2023, along with Section 3 of the Black Magic Act, 2023. The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to the prosecution, the accused had allegedly applied burning cotton wicks on various parts of the deceased’s body under the belief that she was possessed. The complainant, who is the deceased’s mother, had alleged that the act led to her daughter’s death. The court, however, noted that the FIR itself suggested that the deceased had instructed the family members to do so, believing she was under possession, and that the complainant had tried to stop the act.
The High Court also took note of the fact that another daughter of the applicant, who is a nurse, had attempted home treatment before the deceased was taken to hospital. The court observed that the sequence of events, as disclosed in the FIR, did not prima facie indicate mens rea on the part of the accused, but rather pointed to a rash and negligent act.
While opposing bail, the State argued that the allegations were serious and that the role of the accused, as reflected in the charge-sheet, did not justify the exercise of discretion in his favour. The defence, on the other hand, submitted that the charge-sheet had already been filed, no further custodial interrogation was necessary, and the applicant was willing to abide by all conditions imposed by the court.
After considering the FIR, the order of the Sessions Court, and the affidavit filed by the investigating officer, the High Court noted several relevant factors: the seriousness of the allegation, the role attributed to the accused, the absence of criminal antecedents, the filing of the charge-sheet, and the fact that the applicant had been in custody since 18 April 2025.
Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the court held that this was a fit case for grant of bail. It emphasized that at the stage of regular bail, a detailed examination of evidence was not necessary, especially once the charge-sheet had been filed.
The applicant was ordered to be released on bail on furnishing a bond of Rs. 25,000 with one surety of like amount. The court imposed several conditions, including that he must not misuse liberty, must not act against the prosecution’s interest, surrender his passport if any, not leave Gujarat without permission, mark his presence at the concerned police station once a month for six months, and furnish his residential address to the investigating officer and the court.
The court further clarified that the trial court should not be influenced by the preliminary observations made in the bail order, and that authorities may take action if any condition is breached.
Bottom Line :
Regular bail granted in a case alleging death caused during black-magic related acts, where prima facie the material indicated absence of mens rea and suggested rash or negligent conduct; charge-sheet had been filed, the applicant was in custody since 18.04.2025, and had no criminal antecedents.
Statutory provision(s): Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 105, 212 and 54, Bharatiya Nyaya Sanhita, 2023; Section 3, Black Magic Act, 2023
Arjunbhai Sukhabhai Halpati v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2987102
