CHAUDHARY KIRTIKUMAR PARSANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending the arrest, the applicant herein seeks anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973, in connection with the FIR being C.R. No. 11206008210316 of 2021 registered with Bechraji Police Station, Dist.: Mehsana, for the offences punishable under Ss. 306 and 114 of IPC.

(2.) The facts and circumstances giving rise to filing of present application is that, the informant is the father of deceased Jyotsanaben, who has committed suicide on 9/7/2021, by jumping of into canal, as referred in the FIR. Deceased, a married woman, was residing at her matrimonial home. Prior to the incident, she was serving with Subhlaxmi Cooperate Credit Society, Mehsana, and thereafter, she had joined Samarpan Cooperative Credit Society as a Promoter and was working as a Manager. The applicant herein and co-accused Mr. Pradipbhai and others were office bearer of the Samarpan Society. It is alleged in the FIR that under the guidance of the applicant herein deceased Jyotsana, worked as an agent to get investment from the members of the society and in turn, the amount of the investment would reinvest in financial company like FX BULLS. It is alleged that through deceased, she had collected Rs.66,19,000.00 from different investors and the same was invested as per instructions of applicant and Mr. Pradipbhai, with FX BULLS owned by Mr. Dixit Suthar, accused no. 3. It is alleged in the FIR that after stipulated time of the investment, the investors were asked to return their money and there was a pressure on deceased from the investors. Deceased had tried to sort out the issue with accused, however, the accused were unable to repay the amount, as the company FX BULLS was not in a position to honor the amount. It is alleged in the FIR that various cheques were being received from co-accused Mr. Dixit Suthar, on promise that it will be honored on the date mentioned upon the cheques. However, there was constant pressure on the deceased by the investors, as a result, she decided to end her life and finally, she committed suicide by jumping of into the canal. During the investigation, the police have recovered and seized mobile, account-sheets and one chit in the form of suicide note, mobile audio conversation etc. It is alleged in the FIR that the present applicant being a President of the Society and other co-accused, who were instrumental in the investment, as they are associated with the owner of the Company i.e. Mr. Dixit Suthar. In the aforesaid facts, it is alleged in the FIR that the applicant and other co-accused have abetted in the alleged suicide committed by the deceased as because of their conduct, deceased could not repay the invested amount, as a result, she had no any way but to commit the suicide.

(3.) This Court has heard learned counsel Mr. B.R. Dholariya, learned advocate for the applicant, Mr. Amit P. Soliya, learned advocate for original complainant and Mrs. Krina Calla, learned APP for the respondent State.