KAILASHKUMAR VAJAJI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R. No.11195036200079 of 2020 registered with Panthwada Police Station, Banaskantha for offences punishable under sections 498A, 306 and 114 of IPC as well as 3 and 7 of Dowry Prohibition Act.

(2.) Mr. Tejas Satta, learned advocate for Mr. Popatji Solanki, learned advocate for the applicant submitted that the co- accused, father and grand father are on bail. He submitted that there are general allegation against the husband, father and grand-father of dowry demand and were rebuking her for not bearing child. Mr. Tejas submitted that though the life span of marriage is 3 years but the deceased had hardly stayed for 8 months at the matrimonial house and no criminal complaint had been filed for dowry demand. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

(3.) Ms. Maithili Mehta, learned Additional Public Prosecutor, submitted that the marriage span was of 3 years she was staying with the in-laws and during that time she was mentally harassed for dowry and mental torture was given to her as she could not bear child. She submitted that the presumption under Section 113-A of the Indian Evidence Act can be drawn for presumption/ abetment of suicide. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.