DHARMENDRABHAI PRABHUDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing C.R.No.11209024200241 OF 2019 registered with Jadar Police Station.

(3.) The case of the complainant is that on 9.5.2020, the brother Ashokbhai went to a well for taking water and at that point of time, one Hareshbhai Ambalal Patel informed the complainant on mobile at around 8.00 O'clock to come immediately at the well. As a result of this, along with other persons, the complainant went to a place where he found brother lying and who took a pesticide tablets and as such, he was immediately taken to the hospital where the treatment was going on and the deceased brother was unconscious. Thereafter, upon medical advise, he was directed to be shifted to Apollo Hospital, Ahmedabad where in between transit at Idar-Himmatnagar, the brother died. The post death ceremony of the brother came to be over on 15.5.2020 and while placing the clothes in the cupboard, the sister- in-law - Dinaben found a chit wherein the deceased Ashokbhai was in demand of money from approximately 8 persons. In the complaint, said persons names have also been mentioned and accordingly, it has been alleged in the complaint that on account of such, the persons who have not given the amount back, this deceased Ashokbhai took a step to commit suicide and the said incident has been reported. As a result of this, aforesaid complaint came to be registered.