JITENDRA BABUBHAI ROY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed under Section 439 of the Code of Criminal Procedure by the applicant who has been arrested in connection with C.R. No. I - 179 of 2009 registered with Mahidharpura Police Station, for the offence punishable under Sections 302, 498 and 114 of the Indian Penal Code.

(2.) LEARNED advocate for the applicant submitted that the applicant is an innocent person and a false case is foisted on him. He submitted that the charge -sheet is already filed against the present applicant. He submitted that the statement of the son of the deceased is also recorded by the Investigaing Officer. He submitted that from the statement of the son, it appears that there is no allegation made by this witness against the present applicant. He submitted that from the papers, it is established beyond reasonable doubt that between which period the cruelty is imposed by the applicant upon the deceased. He submitted that considering the role attributed to the applicant and reflected in the FIR at Annexure 'A' to the application, this is a fit case to enlarge the applicant on regular bail.

(3.) AS against the aforesaid, learned APP submitted that the statemetn of brother -in -law of the applicant is also recorded. He submitted that from the statement of brother -in -law of the applicant, it appears that the cruelty which was imposed by the applicant is prima facie established. Learned APP submitted that considering the role played by the applicant, no discretionary relief can be granted to the applicant, and the application deserves to be dismissed.