DIVYABEN YASHWANTSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439(2) read with Sec. 482 of Code of Criminal Procedure for the purpose of seeking cancellation of anticipatory bail which has been granted to the respondent No.2 vide order 9/6/2017 passed by learned Additional Sessions Judge, Patan in Criminal Misc. Application No.546 of 2017.

(2.) The case of the applicant i.e. original complainant is that on 1/5/2017, a first information report is lodged by the applicant in capacity as wife of the deceased by stating that her husband (deceased) was working as a driver with original accused No.1, pursuant to a quarrel took place between her husband and the original accused No.1 with regard to monetary transaction, the husband left the services as driver in past. It has been submitted that initially on 28/4/2017, the applicant has in company of deceased had visited one of her relative's place at Surat and had stayed there for couple of days. At about 11:00 a.m. in the morning on the very day, the deceased received a phone call from the respondent No.2 and in turn deceased had left for Baroda after such conversation between him and the respondent No.2 At the relevant point of time, deceased was appearing in tension and it has been alleged that on 30/4/2017, the applicant was present at her sister-in-law's place at Karjan. At about 8:00 p.m. in the evening, she with the help of mobile phone of her sister-in-law called up the deceased and she was informed that the deceased is in company of the respondent No.2. At that time, it was informed that if the issue of money does not keep resolved, he would be done away and thereafter, phone was dropped by the deceased and eventually on 1/5/2017, again when the applicant was at her relative's place at Karjan at about 4:00 p.m. in the evening, she again received a phone call from her younger brother-in-law in turn informing that deceased had met with an accident, so the applicant was told to come to Baroda and the applicant reached at Baroda, at about 5:00 p.m. in the evening and later in the day at about 4:00 a.m. in the midnight, dead body of the deceased was given to the applicant.

(3.) On account of this, it appeared to the applicant that serious offence is committed. As a result of this, complaint being I-C.R. No.40 of 2017 came to be filed before Siddhpur Police Station, Dist-Patan for the offences punishable under Ss. 306, 342 and 114 read with Sec. 201 of the I.P.C. After the said complaint being filed, the respondent had approached the learned Additional Sessions Judge for seeking anticipatory bail under Sec. 438 of Code of Criminal Procedure and after perusal of relevant material vide order dtd. 9/6/2017, the same has been granted and it is this order dated dated 09.06. 2017, which is made of the present Criminal Misc. Application.