KENIL LELINBHAI DANTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent State.

(2.) The applicant was on temporary bail and he was to surrender before the jail authority, but as he failed to surrender, this Court was not inclined to hear the application on merits, as the applicant was not under judicial custody, his bail application came to be rejected. Thereafter, the applicant has surrendered and present application has been moved under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11191066220019 of 2022 registered with Vasna Police Station, Ahmedabad City for offences punishable under Sec. 406, 420, 315, 323 , 294(b), 506(1), 114, 376(2)(n) and 306 of IPC.

(3.) Advocate Mr. Zubin F.Bharda along with Mr. Valimohammed Pathan, learned advocate for the applicant stated that initially the FIR dtd. 1/1/2022 was under Sec. 406, 420, 315, 323, 294(b), 506(1) and 114 of the IPC with the allegation that the present applicant on assuring the victim of marriage, had established physical relationship and after she got pregnant often threatened and beaten her and since she sustained pain at the private part, she was taken to the hospital, where she delivered a dead child and the dead fetus was disposed of by the accused.