DASHRATHBHAI BHOLIDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a successive bail application, which is filed under Sec. 439 of the Criminal Procedure Code, 1973 ('the Code' for short) for enlarging the applicant on regular bail in connection with FIR being C.R.No.11191020201399 registered with Vastrapur police station, Ahmedabad city for the alleged offences punishable under Ss. 498A , 307 , 365 , 384 , 342 , 325 , 354A , 323 , 294(b) , 506(2) , 199 and 120(B) of Indian Penal Code. CRUX OF THE FIR:

(2.) The first informant filed the FIR in question against her husband and three others, wherein she has mainly stated that she got married with the original accused no.1 in the year 2011 and a girl child viz., Arya was born out of the said wedlock. It is alleged that one year after the marriage, the original accused no.1 started mentally and physically harassing the first informant. It is mainly alleged that on the occasion of the birthday of the daughter of the first informant i.e. on 1.8.2020 at around 11.00 p.m., when she, along with her other relatives were present, original accused nos.2 and 3 started taunting the first informant that she did not bring anything from her parental house. Thereafter, the original accused no.4, who is the father of the first informant, gave abuses to the first informant. It is also alleged that because of the instigation done at the behest of original accused no.4, original accused no.1 started quarreling with the first informant and gave abuses to the mother of the first informant. When the first informant tried to stop the original accused no.1-husband from speaking abusive language, it is alleged that original accused no.1-husband had given six-seven slaps on her face and fist blow on her nose. It is alleged that the accused persons in connivance with each other, thrown the first informant and her mother out of the house and gave threats that if she will file police complaint, she will be done to death.

(3.) Heard learned Senior Counsel, Mr. B.B. Naik assisted by learned advocate, Mr. Akash A. Singh for the applicant and learned Public Prosecutor, Mr. Mitesh Amin assisted by learned APP Ms. Maithali Mehta for the respondent - State. SUBMISSIONS ON BEHALF OF THE APPLICANT: