PRADIP BIHARI UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is the fourth successive bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') with the prayer that applicant be released on regular bail in connection with the FIR being C.R.No.I-172 of 2018 registered with Dindoli Police Station, Surat for the offence punishable under Ss. 302, 498A, 323 and 114 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act.

(2.) Heard learned advocate Mr. Ashish M. Dagli assisted by learned advocate Mr. Kishan Daiya for the applicant and learned APP Mr. Pranav Trivedi for the respondent - State.

(3.) Learned advocate Mr. Dagli referred the averments and allegations made against the applicant in the FIR and also the documents which are annexed with the present application. Learned counsel has tried to argue the case of the applicant on merits. However, as this is successive bail application filed by the applicant, this Court has to examine the change of circumstances after the withdrawal of last bail application, which was withdrawn on 15/7/2022. Learned advocate Mr. Dagli submitted that applicant is in jail since 31/8/2018 and when the application being Criminal Misc. Application No.10108 of 2022 filed by the applicant came to be withdrawn, four witnesses were examined by the prosecution and now the prosecution has examined seven witnesses, and therefore, it is not possible to complete the trial in near future. Learned advocate, therefore, urged that on this ground this application be considered. Learned advocate Mr. Dagli has also referred the deposition given by PW-6 - Ashadevi Ashoksinh and thereafter tried to point out that the said witness has not fully supported the case of the prosecution. Learned advocate, therefore, urged that this application may be considered.