RAJNIKANT VITTHALBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216001230418 of 2023, registered with Adalaj Police Station, Dist. Gandhinagar, for the offences punishable under Ss. 306, 504 and 114 of Indian Penal Code, 1860.

(2.) Learned advocate for the applicant submits that the applicant is a government servant and working with police department. There is no evidence to show that the Petitioner has ever pressurized the deceased to vacate the family home where the applicant is not residing since last more than 9 years. The allegations levelled against the applicant are totally false. He further submitted that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of undefined investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail contending that the applicant has instigated the accused Nos.1 and 2 to pressurize the deceased in vacating the home and at the instance of the accused, the deceased has committed suicide. Therefore, prima facie offence against the applicant is made out. Considering the same, present application may not be considered.