NILESHKUMAR HARGOVANBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties.

(2.) By way of the present application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant (original accused No.1) has prayed for bail in connection with the FIR being I-C.R.No.11191045211640 of 2021 registered with Sola High Court Police Station, Ahmedabad for offences punishable under Ss. 306 , 323 , 498(a) , 504 and 114 of the Indian Penal Code, 1860 (the " IPC ").

(3.) The case of the complainant, in brief, is that his sister, namely, Ilaben got married to present applicant (original accused No.1) - Nilesh Hargovanbhai Prajapati before 13 years. Out of the wedlock, one daughter, namely, Kinjal was born, who is aged about 11 years. As per the say of the complainant, it was a second marriage for both his sister and the present applicant. Step son, namely, Haresh aged 20 years, also residing with them. As per the version of the complainant, his sister was ill-treated by the present applicant from the inception of marriage, by keeping doubts. As per the version of the FIR, Shardaben (mother-in-law) and Hargovanbhai (father-in-law), they also used to abuse his sister and extending physical and mental torture. Further, as per the version of the FIR, so as to see that the family life is not disturbed, time and again, the complainant was called for compromise and accordingly, the disputes were resolved. As per the FIR, deceased Ilaben was bearing all the tortures only with a view to see that family life is not disturbed. However, just 2 years before, deceased Ilaben was beaten by the present applicant very badly and for that, deceased Ilaben had taken the treatment at Sola Civil Hospital and also taken stitches on her cheek and for which, a written complaint was also given to the Sola Police Station.