(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for enlarging him on regular bail in connection with C.R. No.11192050210614 of 2021 registered with Sanand Police Station, District Ahmedabad Rural for the offence punishable under Ss. 302 and 120B of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.
(2.) As per the FIR dtd. 31/12/2021 registered by one Sonalben, wife of Parasbhai Kantibhai Vaja, she has stated that her husband viz. Parasbhai Kantibhai Vaja was serving in a private company as a driver and the his job timings are from 5.00 a.m to 8.00 p.m as he was driving a pick up vehicle. She has also clarified in the FIR that she is in live-in relationship with Parasbhai Kantibahi Vaja whom she has referred to as her husband. As per the FIR, on 30/12/2021, her husband left the residence to attend job and after delivering goods at various places when he came towards Changodar at around 7 p.m in the evening, she had a telephonic talk with her husband and her husband told that her husband and one Jayesh were going in the pick up van (referred to as 'gadi'). At that time, two friends of Jayesh viz. Abhishek Vankar and Chirag Chavda (present applicant) met them on the way and took lift in the pick up van. The husband of the complainant also stated on phone that after completing the work he would come back to home in an hour. After the aforesaid phone call at 7.30 p.m in the evening, at around 9.00 to 9.30 p.m the owner of the company in which husband of the complainant was serving as driver, came to her residence and told that her husband is missing, and therefore, they are required to lodge a police complaint. Accordingly, they went to Changodar Police Station and intimated about the fact that husband of the complainant had gone missing. Thereafter, upon inquiry at various places about husband of the complainant neither the husband of the complainant nor the pick up van could be found. On the next day i.e. on 31/12/2021 the police informed that dead body of husband of the complainant was found in a farm along with pick up van on the road from Moti Devti to Kolat. In the complaint, the complainant had apprehended that since the husband of the complainant had lent an amount of Rs.3,000.00 to Jayesh and Rs.2,200.00 to Abhishek and only with a view to ensure that they would not be required to return the aforesaid amount they have assaulted her husband and killed him.
(3.) Pursuant to the aforesaid FIR, investigation took place and present applicant was arrested. After charge sheet was filed, the applicant has preferred the present application under Sec. 439 of the Code for enlarging him on bail.