AMBALAL LALUBHAI MAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent-State.

(2.) This application has been filed under section 439 of the Code of Criminal Procedure for bail in connection with the FIR being I-C.R. No. 11197054200061 of 2020 registered with Varnama Police Station, Vadodara Rural for offences punishable under sections 306 , 498A of the Indian Penal Code.

(3.) Mr. Pravin Gondalia, learned advocate for the applicant, submitted that the present applicant-accused is serving as Police Constable in Traffic Branch at Vadodara. Mr. Gondalia, submitted that the statements recorded under Accidental Death Report do not suggest about any ill treatment or harassment at the ends of present applicant-accused. He also submitted that the complaint has been given by mother of the deceased and the fact of phone call on 17.01.2020 at about 5:30 in the FIR, does not corroborate, since the applicant mobile was used by the deceased, the applicant's mobile recording contents shows the talk of the deceased with her father on 17.01.2020 at 5:30 p.m. thus, at the same time, it was not possible for her to talk with the mother. Mr. Gondalia, further submitted that while in all the transcription of the conversation placed on record, there is no such statement given by the deceased of harassment. He submitted that the transcript evidence is given to the I.O. Mr. Gondalia, further stated that there are no statements of neighbours recorded in the matter to prove any ill treatment or harassment by the applicant to the deceased. Mr. Gondalia, also referred to certain photographs to suggest that the deceased and the applicant were happy together immediately before the ultimate step. It was therefore, prayed to grant bail to the present applicant.