LAWS(GJH)-2022-3-112

VIRAMBHAI ISHWARBHAI DESAI Vs. STATE OF GUJARAT

Decided On March 08, 2022
Virambhai Ishwarbhai Desai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Apprehending arrest, the applicants by way of present application under Sec. 438 of the Code of Criminal Procedure, 1973, have prayed for anticipatory bail in connection with the FIR being C.R.No. 11217026210431 of 2021 registered with Patan Taluka Police Station, Dist. Patan, for the offences under Ss. 306 , 498-A , and 114 of the IPC and Ss. 3 and 7 of the Dowry Prohibition Act.

(2.) Mr. I.H.Syed, learned Senior Counsel assisted by Mr. Jayprakash Umot, learned advocate for the applicants submitted that the facts of the case do not constitute the offence punishable under Sec. 306 of IPC as there is no specific allegation that, the applicants have instigated or abetted the deceased to commit suicide. So, he submitted that prima facie, no offence under Sec. 306 of IPC is made out. He further submitted that considering the age of the applicants, discretion may be exercised in their favour by granting pre-arrest bail by imposing appropriate terms and conditions.

(3.) Mr. Nimesh M. Patel, learned counsel appearing for the original informant reiterating the contents of the affidavit in reply, contended that the applicants have committed an offence of abettment as contemplated under Sec. 107 of the IPC and therefore, prima facie, the involvement of the applicants for the alleged offence of Ss. 306 of IPC is made out.