DARMESHBHAI MANU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No. 11184002220430 of 2022 registered with Chhotaudepur Police Station, District : Chhotaudepur for offences punishable under Ss. 323 and 306 of IPC.

(2.) Mr. A.A. Zabuawala, learned advocate for the applicant submitted that, at the time of incident of suicide, the present applicant was not present at the house and as per the prosecution case initially the applicant had married the deceased and out of the matrimonial relationship he was having a son, but thereafter the applicant had married one another lady named Parvatiben Rathwa, as a result, the deceased faced physical and mental cruelty. Mr. Zabuawala submitted that after leaving the house of the applicant, the deceased continued to stay in the parental house for about one year, but as per the prosecution case the applicant had phoned her on the previous day and had asked her to come back to her house.

(3.) Mr. Pranav Trivedi, learned APP submitted that, it is a case of desertion and cruelty and thus states that the same was the cause of suicide. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.