NIKUL HIRJIBHAI RANGADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439 is for grant of bail to the applicant in connection with FIR being CR No. 11189001220072 of 2022 registered with Halvad Police Station, Dist.: Morbi, for the offences punishable under Ss. 504, 498A, 306 and 114 of IPC. This application is filed after filing of the chargesheet. Applicant apprehended on 14/2/2022. His bail application filed before the Sessions Court, Morbi, came to be rejected vide order dtd. 8/4/2022.

(2.) Heard learned counsel Mr. SB Prajapati, for and on behalf of applicant, Mr. Jigar Patel, learned counsel for informant and Mrs. Krina Calla, learned APP for the respondent State.

(3.) Learned counsel Mr. Prajapati for the applicant submitted that the facts and circumstances of the case, do not in any way indicate that the alleged act of suicide would constitute offence under Sec. 306 of the IPC. He further submitted that the allegations are vague and general in nature and therefore, there is complete absence of any sort of instigation or any positive action on the part of the applicant causing the deceased to commit suicide. In such circumstances, learned counsel Mr. Prajapati submitted that the applicant is in custody since 14/2/2022 and as such there is no further progress in the case proceedings and therefore, he prays that the discretion may kindly be exercised enlarging the applicant on bail.