PATEL SURESHBHAI NARSINHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 11216008230217 of 2023 registered with Gandhinagar Sector - 7 Police Station, Dist. Gandhinagar for the offences punishable under Ss. 306, 406, 420, 506 (2) and 114 of the Indian Penal Code and under Sec. 3 (1) (R), 3 (2) (V) of the Scheduled Castes and Scheduled Extent and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) As per the FIR for which the anticipatory bail is sought by the applicant, the applicant is shown as accused no. 3 Sureshbhai Patel. As per the FIR, the first informant namely Raj Devendrabha Parmar has stated in the FIR that on 22/5/2023 he received a phone call from one of the friend of his father, that his father namely Sagarbhai @ Devendrabhai has consumed poison and therefore, at around 12:40 in the afternoon, he was taken to Civil Hospital, at Gandhinagar where he was admitted to ICU ward and he was unconscious. During the treatment of his father, he found a chit while changing the clothes of his father wherein it was stated by father of the first informant that one Gurumaharaj Kiran Chauhan who has a temple in his residence had lended a sum of Rs.5,00,000.00 to him and thereafter, despite repeated requests to repay the amount, he was not repaying the amount and followers of the aforesaid Gurumaharaj Chauhan including the present applicant have abused the deceased father of the complainant about his caste and threatened that if he seeks any recovery of the amount lended to the Gurumaharaj, the father of the complainant and his family would be killed. Because of that, the deceased father of the complainant fell dejected and disreputed and therefore, he decided to end his life and ultimately committed suicide. Though the poison was consumed on 22/5/2023, he died on 27/5/2023. Therefore, son of the deceased Sagarbhai @ Devendrabhai - original complainant registered the FIR under Sec. 306, 406, 420, 506 (2) and 114 of the Indian Penal Code and under Sec. 3 (1) (R), 3 (2) (V) of the Scheduled Castes and Scheduled Extent and Scheduled Tribes (Prevention of Atrocities) Act, 1989.