The Gujarat High Court granted regular bail to a father booked for causing death of his daughter by applying burning cotton wicks on her body on her instructions, as she believed she was possessed. [2026 LiveLaw (Guj) 258]

The applicant had moved the high court seeking regular bail in an FIR for offences under Sections 105(culpable homicide not amounting to murder), 212(Furnishing false information to a public servant) and 54 (Abettor present when the offence is committed) BNS and Section 3 of the Black Magic Act. He was accused of causing the death of his daughter by applying some burning cotton wicks on various parts of her body. This, it was alleged, was done by the accused on the instructions of the daughter who believed that she was possessed. 

Justice Nikhil S Kariel in his order noted that as per the FIR,  though the applicant was instrumental in applying burning cotton wicks on the deceased's body, yet, it clearly appears to be an act, upon the instructions of the deceased daughter, who believed that she was possessed.

The court noted that it appeared that the complainant-mother had tried to stop the accused however since the deceased daughter had told the father and her sister to do so, they had gone ahead and done the act.

The court noted that it also appeared that the applicant and his other daughter who is a Nurse had tried to treat the deceased at their residence, however when her condition deteriorated they took her to a hospital where she expired.

"This Court has noticed that the entire incident, does not reflect any mens rea on part of the present applicant rather it would reflect rash and negligence act on part of the applicant...In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail," the court said. 

The court thus granted bail to the applicant subject to certain conditions. 

Case title: ARJUNBHAI SUKHABHAI HALPATI v/s STATE OF GUJARAT 

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 21209 of 2026

Citation: 2026 LiveLaw (Guj) 258

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