IMRANMIYA YUSUFMIYA KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.11204039200406 of 2020 with Mahudha Police Station, District Kheda for the offences punishable under Sections 306 , 498(A) and 114 of the Indian Penal Code, 1860

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant has been arrested on 04.07.2020 and he has been incarcerated since then. He has submitted that the other co-accused, including the mother-in-law, have been granted bail by the trial court. Thus, he has submitted that on the ground of parity, the present application may be allowed. He has submitted that in fact the deceased herself was frustrated due to not having child and there was no harassment from the applicant or any other family members. He has also submitted that the applicant has also supported the deceased to take treatment and medicine for getting child and due to lockdown, the said treatment got stopped and this led to further frustration of the deceased. He has also submitted that the deceased had left the house of the applicant to get medicine on the day of the incident but as she could not continue with her treatment in this present situation she was frustrated and committed suicide. He has further submitted that the post mortem report shows that there is not a single injury mark on the body of the deceased which shows that there was no physical torture as alleged in the FIR.