The Gujarat High Court has granted regular bail to a 64-year-old father accused of murdering his son, chopping his body into pieces, and packing them in polythene bags. The court considered that the accused had been in custody since July 2022 and concluded that his actions were likely driven by "sheer frustration" rather than a criminal intent.

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The High Court noted that the accused father and his son frequently had quarrels, with neighbors confirming that the deceased was addicted to drugs and alcohol and would often demand money. The court stated that:

“The act alleged on part of the present Applicant prima facie appears to be an act out of sheer frustration. The age of the Applicant is 64 years and is in custody since July 2022. The act alleged against the Applicant does not appear to be the result of a criminal mindset.”

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The court further considered factors like:

• The applicant's prolonged custody (since July 2022).
• The completion of the investigation and filing of the chargesheet.
• The absence of any likelihood that the accused would tamper with witnesses or flee.

Background of the Case

The father was charged under:

• Section 302 – Punishment for murder (Indian Penal Code).
• Section 201 – Causing disappearance of evidence.
• Section 135 – Violation of Gujarat Police Act rules.

The defense argued that:

• The father lived with his son in Ahmedabad, while the rest of the family was settled abroad.
• The son was unemployed and addicted to substances, frequently demanding money.
• There were frequent quarrels between them, which was confirmed by neighbors' statements.
• The accused had a good social reputation and was unlikely to flee.

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The prosecution, however, claimed that the murder was premeditated, stating:

"The accused had purchased a chopper and polythene bags before committing the act, indicating that it was a planned murder rather than an act of frustration."

After reviewing the arguments, the court considered the applicant's age, his continued custody since July 2022, and the completion of the investigation. It found merit in granting bail and allowed the accused to be released on a personal bond of ₹10,000, subject to the following conditions:

1. No contact with witnesses: The accused must not threaten or influence any witnesses.
2. Good conduct: He must not indulge in any criminal activity.
3. Residence proof: He must provide proof of residence and cannot change addresses without permission.
4. Regular police reporting: He must visit the local police station once a month for six months.
5. Property affidavit: He must submit details of any property owned.
6. Travel restrictions: He cannot leave India without court approval.
7. Passport surrender: If he owns a passport, he must surrender it; otherwise, he must file an affidavit.

The High Court emphasized that its bail decision was based solely on the case's circumstances and should not influence the trial court's final verdict.

"The concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order."

Case Title: Nileshbhai Jayantilal Joshi vs State of Gujarat

Case Number: Cr.MA 2586 of 2025