KOYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Shruti Pathak, 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. 11207061200147 of 2020 registered with Shehra Police Station, District : Panchmahals for offences punishable under sections 498A and 306 of the Indian Penal Code.

(3.) Mr. M.B. Rana, learned advocate for the applicant, submitted that the marriage span of the applicant with the deceased was of 17 years and out of their wedlock, they have three children aged about 15 years, 12 years and 10 years. As per the complaint, the allegations against the applicant-accused was of having extra marital affair with one lady of the village. Mr. Rana, further submitted that the accused was rebuked by family members and thereafter, as per the complaint, he severed his relation with the said lady. There was compromise which was executed in writing, thereafter, the married life continued peacefully. The allegation against the applicant-accused is of beating deceased in drunken state. Four-five members of the community of Shehra village intervened and the applicant was also further reprimanded for harassing the deceased after drinking. On 23.02.2020, at about 7:00 a.m. morning, they inquired about the deceased, the dead body of the deceased was found from the Well. Mr. Rana, also submitted that they were normal quarrels between husband and wife and submitted that the only allegation is of harassing the deceased in intoxicated state, which cannot be considered as abetting to commit suicide. It was, therefore, prayed that the present application may be allowed and the applicant may be released on regular bail.