HIRENBHAI BHANJIBHAI MALAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the First Information Report being C.R. No.112103030200560 of 2020 registered with Keshod Police Station, Junagadh for the offences punishable under Sections 498A , 306 of the Indian Penal Code.

(2.) Heard Mr.Ashish M. Dagli, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent State through video conference.

(3.) Mr. Ashish M. Dagli, learned advocate appearing on behalf of the applicant, submitted that the marriage between the applicant and the deceased took place on 16.03.2020; however, the said marriage was not known to the family members of the deceased. The applicant and the deceased were not staying together. Further, on 22.03.2020 the lockdown was declared and therefore, there was no question of applicant and deceased staying with each other. The incident in question has taken place on 17.04.2020. It is submitted that the call details as well as the messages which were exchanged between the applicant on one hand and the deceased on the other hand are considered, they have expressed their affection towards each other and therefore, the applicant has been falsely implicated. It is submitted that the contents of the First Information Report so also the other documents clearly suggest that the family members of the deceased were not aware about the marriage. Subsequently, it was disclosed and the parents of the deceased were not agreeable for the relationship perhaps the same would have been the reason for the deceased for taking such an extreme step. It is submitted that prima facie neither the offence under Section 498A nor Section 306 has been made out. Therefore, considering the nature of the offences, the applicant may be enlarged on regular bail by imposing suitable conditions.