PANKAJBHAI ARJANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being C. R. No. 11191031210233 of 2021, registered with Shahibaug Police Station, District: Ahmedabad City for the offences punishable under Ss. 384, 306, 506(2) and 114 of the Indian Penal Code, 1860 ( IPC ).

(2.) Heard, learned advocate Mr. Samir Afzal Khan for the applicant and learned APP Ms. M. H. Bhatt for the respondent - State.

(3.) The learned advocate for the applicant has submitted that the applicant is apprehending arrest in connection with the aforesaid FIR. It is submitted that the learned City Sessions Judge, Ahmedabad has rejected the application filed by the present applicant for grant of anticipatory bail. The learned advocate for the applicant has further submitted that the applicant is charged with the offence punishable under Section 306 etc. IPC, however, the ingredients of the offence alleged against him are not satisfied inasmuch as earlier, twice the deceased victim had tried to commit suicide and accordingly, invocation of Sec. 306 IPC against the applicant is not justified. It is submitted that so far as the incident in question is concerned, the victim deceased had consumed the poisonous tablet in front of the civil hospital only, which is far from his house and had died. It is submitted that, in fact, the main and the prime ground for commission of such an act by the victim is the leaving of the house of the victim by his wife just prior to 15 days of the incident on account of victim's financial condition and not as projected by the prosecution.