SURESHSINH KALUBHA SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent - State.

(2.) 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.11191013202795 of 2020 registered with Krishnanagar Police Station, Ahmedabad, for offences punishable under Sections 306, 498(A) and 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Act.

(3.) Mr. Jagat Patel, learned advocate for the applicant submitted that the present applicant is the husband of the deceased and having a daughter which is a year old. He submitted that the allegation in the FIR does not appear to be true in view of the suicide note which has been recovered by the police in presence of panchas and panchnama was also drawn. He submitted that had there been any matter of physical harassment to the deceased then the same would have been stated by the deceased in the suicide note. He submitted that the deceased had full-faith in her husband as the responsibility of the minor child was handed over to the present applicant as a father. He further submitted that the deceased had very specifically stated in the suicide note of not sending the minor child to her parental house. He submitted that had there been any case of dowry harassment, the complainant or his family members could have filed criminal case against the applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.