BALAWANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I - 11199003200217 of 2020 registered with Aamod Police Station, District: Bharuch for the offences punishable under Sections 306 , 504 , 498A , 114 etc. of the Indian Penal Code.

(2.) Mr.Saiyed, learned advocate appearing for the applicant has submitted that the applicant herein is the husband of the deceased. He has submitted that there was love affair and due to that the parents of the deceased have strained relation with the present applicant and there is one and half years of child left due to suicide committed by the wife of the accused and the allegation against the present applicant is vague and general in nature. He has submitted that there is no phone call of the witnesses. He has also submitted that the investigation is over and the charge-sheet has already been filed. He has further submitted that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

(3.) Ms.Thakker, learned Additional Public Prosecutor appearing on behalf of the respondent-State has vehemently opposed grant of regular bail on the grounds of the nature and gravity of the offence. She has, while referring to the statements of Rekhaben and Rajendrabhai, submitted that there is prima facie material against the accused for commission of the alleged crime and due to the applicant's conduct and giving torture to the deceased, the deceased has committed suicide. She has submitted that this is not a fit case, where discretion of granting the bail, be exercised. She has submitted that there is prima facie material against the applicant and, therefore, the present application may be rejected.