VIVEKKUMAR KAMALNIRANJAN KUSHWAHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being Part A C.R. No.11198035220286 of 2022 registered with Mahuva Police Station, District Bhavnagar, for the offences punishable under Ss. 306 , 498A and 506(2) of the Indian Penal Code and under Ss. 3 and 4 of the Prohibition of Dowry Act.

(2.) Learned Senior Counsel for the applicant submitted that that the deceased was suffering from mental illness and was under continuous depression and the said fact was informed by the applicant to Mr. Sanjay R. Vanja and the chargesheet papers includes the statement recorded in connection with the Accidental Death complaint. Further, certain documents are produced to substantiate the fact that even prior to marriage, the deceased was undergoing treatment and was diagnosed for depression. The deceased had complained about low mood and lack of sleep even after marriage. The present applicant had supported her in continuation of the treatment which was received from Dr. I.J. Ratnani and the Doctor had found some partial improvement who had prescribed some medication. It is also submitted by learned Senior Counsel that prior to the marriage, the deceased was taking treatment from Dr. Vinay Kumar, a Consultant Psychiatrist from Patna. It is further submitted that parents of the deceased were having knowledge of the mental state of the deceased and there was no reason for abettment from the side of the applicant and as a husband, the applicant was supporting his wife in the medical treatment. It is submitted that the ultimate step was taken in a state of depression. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor submitted that marriage span is only of seven months. As per the complaint, it is submitted that there was a demand of dowry by the applicant and the deceased was tortured for