SAJJANSINH @ SARTANSINH DALPATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being C.R. No.11188004200325 of 2020 registered with Dhansura Police Station, Aravalli for the offences punishable under Sections 306 , 498(A) and 114 of the Indian Penal Code.

(2.) Learned advocate Mr. Vaibhav Vyas appearing on behalf of the applicant has submitted that the applicant is an innocent person and has been wrongly arraigned in the prosecution. In fact, looking to the averments contained in the complaint itself, there was no immediate past harassment and further, ex-facie, the ingredients of Section 306 of the IPC are not satisfied. It is only when on 25.4.2020, the dead body was found, originally an accidental case was registered as the dead-body was found from the well and then the present FIR is lodged for the offences, as alleged. In fact, the applicant was having a happy married life of more than 12 years and upon false, allegations, the applicant is arraigned in the prosecution. It has further been submitted that some illicit relation has been alleged against the applicant and thereby connected the applicant with commission of the crime. In fact, there is no material sufficient enough to indicate that the applicant was a sole responsible person for the unfortunate episode which took place. The applicant is not having any criminal antecedent as well. Further, after thorough investigation, the charge-sheet has already been submitted as such, in absence of any criminal antecedent of the present applicant, there is no likelihood of any prejudice to the case of the prosecution or any likelihood of misuse of liberty and as such, considering the aforesaid overall circumstance, the relief prayed for be granted in responsible person for the unfortunate episode which took place. The applicant is not having any criminal antecedent as well. Further, after thorough investigation, the charge-sheet has already been submitted as such, in absence of any criminal antecedent of the present applicant, there is no likelihood of any prejudice to the case of the prosecution or any likelihood of misuse of liberty and as such, considering the aforesaid overall circumstance, the relief prayed for be granted in the interest of justice. To substantiate the request for regular bail, certain relevant material from the charge-sheet appears have been brought to the notice of this Court, on the basis of which, it was contended by learned advocate that these allegations are to be adjudicated at length and prima facie, no offence of Section 306 of the IPC appears to have been made out against the applicant.

(3.) As against the aforesaid submissions, learned APP Mr. J.K. Shah appearing behalf of the respondent- State has submitted that the a serious offence is alleged against the applicant, in which on account of the relation with a third party, the deceased was led to commit an act and was drown in the well and as such, it cannot be said at this stage that the applicant was an innocent person. However, after making this submission, since the charge-sheet has already been submitted in the present case, he has left the matter to the discretion of this Court.