AMITBHAI PRAVINBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439 of the Code of Criminal Procedure is for grant of regular bail to the applicant in connection with the FIR being C.R.No. 11215007220029 of 2022 registered with Borsad Rural Police Station, Dist. Anand, for the offence punishable under Ss. 302 , 306 , 498(A) , 203 and 114 of IPC.

(2.) Heard Mr. Ashish M. Dagli learned counsel for the applicant and Mr. Manan Mehta, learned APP for the State.

(3.) Brief facts leading to filing of present application are that, the applicant has been charged with an offence of murder, abetment of suicide, cruelty and giving false information of the incident. The applicant is the husband of deceased Rosaben @ Nishaben. The applicant having a shop at Borsad doing business of snacks etc. The marriage span was 15 years. It is alleged in the FIR lodged by the brother of the deceased, inter alia alleging that, his sister was strangulated to death by the applicant herein at the home. It is further alleged that, there was a matrimonial dispute between the deceased and the applicant. It is alleged that, before 8 years of the incident, deceased was subjected to mental and physical cruelty, as she was beaten up by the applicant in the presence of brother Ankur and on account of the incident, deceased came back at the parental home and thereafter amicable settlement was arrived at between the parties. It is further alleged that, in the year 2021, the applicant intentionally avoided the family marriage function and presurrized the deceased to bring cash amount from the parental home. In such circumstances, it is alleged that, deceased was fed up with the affairs of the applicant and other family members. It is alleged that, deceased was found dead in the washroom of the house and considering the injuries on the neck, it is a case of murder alleged to have been committed by the applicant husband. Initially, FIR came to be registered under Sec. 306 , 498(A) of IPC against the applciant and six family members and during the investigation, addition of Sec. 302 of IPC made by the Investigatign officer. The applicant and other co-accused have been chargesheeted for the offence as referred above. The regular bail application filed before the Sessions Court concerned came to be rejected vide order dtd. 4/5/2022.