HIMANSHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with FIR being I- C.R.No.11191010200165 of 2020 registered with MadhavpuraPoliceStation,Ahmedabad City for the offences punishable under Sections 306 , 304(B) , 323 and 114 of the IPC.

(2.) Mr. Chetan Raval, learned advocate forthe applicanthas submitted that the applicant is an innocent person, wrongly arraigned in prosecution. Apart from that on account of this complaint, the applicant is in jail since number of months and in the present case, afterthe completion of the investigation, charge sheet has also been filed on 12.04.2020. The applicant is brother-in-law. In almostof similar set of circumstance,theco- ordinateBenches have consideredthe request for regularbailoffather-in-law as wellasother accused persons, which are named in the complaint and the orders are also attached from page 21 onwards to this petition compilation. Hence, a request is made that sinceonthe basisof similar circumstance, others have been granted on the principle of parity as well, the accused be considered.

(3.) To this submission, Mr. J.K. Shah, learned Additional Public Prosecutor for the respondent - Statehas objected on the groundthat serious allegations are leveledand on account of ill treatment the deceased was lead to a situation where there was no other alternative, but to commit suicide and, therefore, no discretion be exercised in favour of the applicant. However, Mr. Shah, learned Additional Public Prosecutor could not withstand the submission that other accused persons have already been enlarged on bail.Hence, left itto the discretion of the Court.