VASUBHAI ISHWARBHAI DESAI 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 FIR being C.R. No.11217026210431 of 2021 registered with Patan Taluka Police Station, for offences punishable under Sec. 306 , 498A and 114 of IPC and Sec. 3 and 7 of the Dowry Prohibition Act.

(2.) Mr. I.H. Syed, learned senior advocate along with Mr. Jayprakash Umot, learned advocate for the applicant submitted that, the matrimonial life is of 22 years and stated that the present applicant - husband is handicapped with 45% disability. He stated that as per the statement of the son, who is aged about 18 years, the deceased - mother had undergone uterus operation and she suspected of having cancer; and therefore was mentally depressed. Referring to the panchnama of the mobile recording, Mr. Syed, learned senior advocate, submitted that there is no specific allegation against the husband of harassing the deceased having subjected her to any cruelty. He, submitted that mobile conversation is directed against all the family members out of them three are on anticipatory bail and two are protected by the Court. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

(3.) Mr. J.K. Shah, learned Additional Public Prosecutor submitted that, even after 22 years of marriage life, the deceased could not sustain the relationship and that itself suggest that she was under constant mental and physical harassment and thus drawing the presumption submitted that no discretion may be exercised in favour of the applicant.