LAWS(GJH)-2021-3-285

RAVIBHAI GOPALBHAI GORDHANBHAI PATTNI Vs. STATE OF GUJARAT

Decided On March 30, 2021
Ravibhai Gopalbhai Gordhanbhai Pattni Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.11191033201890 of 2020 registered with Meghaninagar Police Station, Ahmedabad City for offence under Sections 306, 498(A), 323, 504 and 114 of the Indian Penal Code and Section 4 of the POCSO Act.

(2.) Learned advocate for the applicant submits that investigation is concluded and charge-sheet is filed. He submits that the marriage period is more than six years and the applicant has minor children. The deceased had filed an application on 10.06.2019 before the Meghaninagar Police Staion, wherein she has stated that her own parents i.e. the complainant are causing mental harassment and forcing to marry somewhere else by leaving the present applicant. He submits that except general allegations regarding the matrimonial disputes, there is no other allegation which would constitute an offence for abetting the deceased to commit suicide. He submits that even from the allegations and charge-sheet papers, the ingredients of Section 306 of the Act is not made out.

(3.) Learned Additional Public Prosecutor appearing for the respondent-State submits that there are clear allegations of physical harassing by the applicant. It is also submitted that previously also an FIR came to be registered for mental and physical harassment, which was pending and the applicant and his family members were forcing her to withdraw such previously registered FIR.