MAHIPALBHAI SAJJANSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant -accused has prayed for anticipatory bail in connection with the FIR being C.R.No. 11821011212017 of 2021 registered with Dahod Town Police Station, Dist. Dahod, for the offences under Ss. 306 of the IPC.

(2.) Short facts leading to filing present application are that, son of the complainant namely Kapil, committed a suicide by jumping on the railway track. The incident happened on 5/10/2021 for which the FIR came to be registered on 27/10/2021. The applicant herein aged about 50 years doing his business at Dahod city. It is alleged by the complainant that, on 3/10/2021, when he was at his work- shop, he received a call from present applicant. Pursuant to the phone call, he was called by him at his house and accordingly, he reported there, where he informed that he should not permit deceased Kapil to come out from the house for about 4 days, otherwise, with the influence of the police, he will file false case of rape against the deceased. It is further alleged that on 4/10/2021, deceased wake up early in the morning as he was scared by the threats given by the applicant herein and had gone to temple for prayer and also attended his pan stall. It is alleged that, the complainant visited the pan stall of the deceased where he did not find him and upon inquiry, he came to know that deceased left the stall for washroom. It is alleged that till late evening, deceased did not return back at home and thereafter, he visited nearby area in search of the deceased and lastly, he came to know that deceased committed suicide in front of speeding train. It is alleged that, after funeral, the community leader restrained him for not lodging the FIR, thereafter he decided to lodge the FIR.

(3.) This court has heard learned counsel Mr. Ashish Dagli for the applicant, Mr. Imtiyaz I. Mansuri, learned counsel for the original informant and Mr.Manan Mehta, learned APP for the State.