NIKESHKUMAR JETHABHAI SEBHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending arrest, the applicant herein seeks pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973, in connection with the FIR being C.R.No.11195034220114 of 2022 registered with Palanpur East Police Station, Dist. Banaskantha, for the offence punishable under Ss. 306 and 114 of the Indian Penal Code (" IPC " for short).

(2.) Facts and circumstances giving rise to present application is that, the marriage of the applicant with deceased Jagruti was solemnized before 8 years of the alleged incident. On 11/2/2022, deceased Jagruti committed suicide by hanging herself at her matrimonial home. On the same day, the father of the deceased lodged an FIR alleging that the deceased was subjected to cruelty by applicant and other family members as referred in the FIR. It is alleged in the FIR that, the applicant herein - husband maintained extra marital relationship with a woman. The applicant herein was persuaded by the deceased to discontinue the alleged relationship. However, the applicant did not have considered the sentiments and feelings of the deceased, as a result of which, deceased wife left no option, but to end her life as she was fed up with the affairs of her husband and committed suicide by hanging herself at her matrimonial home. It is alleged in the FIR that, being a father of the deceased, he tried his level best to resolve the issue, but he could not succeed to resolve the issue. In this circumstances, the FIR came to be registered under Ss. 306 and 114 of the IPC against the applicant husband and the other family members as referred in the FIR.

(3.) The applicant moved an application for anticipatory bail before the Sessions Court concerned, which came to be rejected vide order dtd. 25/2/2022.