'Crime Executed In Calculated Manner': Gujarat High Court Denies Bail To Man Booked For Woman's Murder & Staging Her Death As Road Accident
The Gujarat High Court refused bail to a married man accused of murdering a woman with whom he was allegedly in a relationship and of subsequently attempting to portray her death as a road accident. [2026 LiveLaw (Guj) 201]In doing so the court prima facie observed that the crime was executed in a calculated manner and there was an attempt to mislead the state machinery. The prosecution...
The Gujarat High Court refused bail to a married man accused of murdering a woman with whom he was allegedly in a relationship and of subsequently attempting to portray her death as a road accident. [2026 LiveLaw (Guj) 201]
In doing so the court prima facie observed that the crime was executed in a calculated manner and there was an attempt to mislead the state machinery.
The prosecution alleged that the applicant, who is married, had developed an illicit relationship with the deceased. Apprehending that the deceased would become an impediment to his married life, the applicant caused her death.
The applicant and the deceased allegedly used to meet at secluded places during the wee hours, and after committing the offence, the applicant, with the assistance of the co-accused, shifted the dead body to the highway in an attempt to portray the incident as a road accident. It was further submitted that, if released on bail, the applicant is likely to influence the witnesses and that the mere filing of the chargesheet is not a ground for grant of bail. It was argued that the co-accused, whose role was confined to assisting in shifting the dead body, had been enlarged on bail; therefore, the applicant cannot claim parity with them.
Justice Hasmukh D Suthar in his order observed:
"Although the present applicant was married, he fell in love with the deceased, and she allegedly asked him to divorce his wife and marry her. With a view to eliminating the deceased, apprehending that she might create an obstacle in his future married life, the deceased was allegedly murdered...Perusing the record, it appears that during the course of investigation, it was found that the present applicant had shifted the dead body to the roadside and thereafter, on the pretext of wanting to have tea at night, called a witness, namely Unmesh, and intentionally stopped the car on the highway, pointing out that something was lying on the side of the road, thereby attempting to create the impression that he had no knowledge of the incident.
The conduct attributed to the present applicant appears to have been calculated move. The deceased and the present applicant were last seen together at a secluded place. After sustaining the injuries, the deceased was taken to a private hospital and thereafter shifted to a government hospital, where she succumbed to her injuries. Instead of informing the relatives or family members of the deceased about the injuries, the dead body was allegedly shifted near the roadside to create the impression that the deceased had died in an accident. This Court is of the considered view that, having regard to the role and propensity of the present applicant, if released on bail, there is a reasonable possibility that he may tamper with the evidence".
The court held that the right to liberty is not absolute and considering the gravity of the offence, the allegations levelled against the applicant, and the manner in which he is alleged to have attempted to destroy and conceal the evidence, he does not deserve to be released on bail.
The court also dismissed the argument on parity with the co-accused after noting that the role of the applicant was distinct and far more serious, as he allegedly had the motive and directly caused the death of the deceased.
"The submission that the investigation is over and the charge-sheet has been filed does not persuade this Court to exercise discretion in his favour. The gravity of the offence, the calculated manner in which the crime was executed, the staging of a road accident to mislead the state machinery, and the overwhelming prima facie evidence available on record outweigh such considerations," the court added.
The plea was dismissed.
Case title: NILESHBHAI RANCHHODBHAI PARMAR v/s STATE OF GUJARAT
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 15219 of 2026
Citation: 2026 LiveLaw (Guj) 201