KANUBHAI DHANABHAI NANDANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11202002202023 of 2020 registered with Jamnagar City "C" Division Police Station, District: Jamnagar for the offence punishable under Sections 306 , 506(2) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. That the applicant and other co ? accused persons are engaged in the business of construction and are undertaking per ?construction process qua plotting of the land in their land which is adjacent to the land of the complainant. Nowhere in the entire FIR, it has been alleged that the present applicant has intimidated the complainant and/or the family members, solely with a view to pressurize the applicant, present FIR has been registered as the applicant herein was engaged in construction activity situated near the subject land of the deceased. It was submitted by learned advocate for the applicant to allow present application.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent ?State and learned advocate for respondent no.2 have strongly objected the submissions made by learned advocate for the applicant and submitted that during the course of investigation, charge ?sheet is already filed against the accused and therefore, this Court may not consider the prayer made by the applicant for releasing him on bail and direct him to approach learned Sessions Court concerned. That husband of complainant had a written a suicide note wherein it is clearly mentioned that present applicant was harassing him and therefore, due to harassment given by the applicant and other co ?accused, he has committed suicide. Learned advocate for respondent no.2 has invited attention of this Court towards the affidavit filed by the Investigating Officer before the Trial Court and submitted that present applicant and deceased had a telephonic talk from 4th July to 7th October, 2020, in all total 9 times. Due to inspiration and torture given by present applicant, prayer made by present applicant cannot be considered by this Court. Learned advocate for respondent no.2 has submitted that affidavit in detail has been filed by Naynaben wife of Hiteshbhai Parmar. That other persons have requested the District Collector, Jamnagar by raising grievance in respect of the issue in their application dated 23.10.2020. That prima facie involvement of present applicant is made out by the prosecution and therefore, this Court may not exercise the powers in favour of present applicant. Lastly Learned Additional Public Prosecutor appearing on behalf of the respondent ?State and learned advocate for respondent no.2 have requested to dismiss present application.