MAHESHBHAI BHAGVANBHAI BAMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of Rule on behalf of the respondent-State.

(2.) By this regular bail application, filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant seeks regular bail in connection with the FIR being C.R. No. 11201015210007 of 2021 registered with CID Crime Police Station, Dist. Rajkot City, for the offences punishable under Ss. 302 , 201 , 202 , 203 of the Indian Penal Code, 1860.

(3.) Brief facts leading to filing of the present application are that the deceased - Geetaben was the second wife of the applicant herein and they were residing together. It is alleged that on 9/10/2019, she left the house without informing anybody and since then, she was not found either alive or dead. The applicant herein filed missing complaint and it was thoroughly examined and investigated by the concerned police authority. However, they could not get any clue about the deceased. The mother of the deceased had also lodged missing complaint, but nothing incriminating was found against the applicant and therefore, no offence is registered. It is to be noted that the applicant is having animosity with one K.C. Rathod, President of Una Nagarpalika and Ex-MLA and there were so many complaints registered against each other. The complainant, through K.C. Rathod, approached the higher authority, Gandhinagar and in turn, the written complaint submitted by the mother of the deceased was sent to CID Crime, Rajkot for necessary action and accordingly, the FIR is being registered against the applicant under the aforesaid offences and during the investigation, it was found that due to some matrimonial dispute, the deceased and the applicant were not in good terms and therefore, he has killed the deceased and disposed of his dead body, whereby committed an offence of causing disappearance of evidence.