ASHISH BHUPENDRABHAI GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service. Heard learned advocate for the applicant and learned APP for the respondent ?State.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 306 and 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.11213042200115 of 2020 with Paddhari Police Station, Dist:Rajkot Rural.

(3.) On consideration of the rival submissions, this Court is of the prima ?facie opinion that unless the intention of the accused to ensure the commission of suicide by the victim is discernable in the FIR or in the relevant material, it is doubtful whether the offence could be rested on the provisions as above. Furthermore, the FIR is delayed without any proper explanation.