AYUBBHAI ISMAILBHAI MOMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants accused are seeking anticipatory bail in connection with the FIR being C.R.No.11195009220507 of 2022 registered with Chhapi Police Station, Dist. Banaskantha for the offences punishable under Ss. 306 , 506(2) , 323 , 342 and 114 of the Indian Penal Code.

(2.) Learned advocate Mr.Bhadrish Raju, for Mr.Dhanesh Patel, learned advocate for the applicants made it clear at the outset that applicant no.2 has already been arrested, therefore, this application has become infructous qua applicant no.2, and he is pressing this application only in respect of applicants no.1 and 3.

(3.) As per the FIR, one Chandanji Pratapji Rajput has stated that he has two son and two daughter. Rameshji was elder son and another son viz. Laxmanji. On 3/11/2022, at around 7.30 in the evening, Ramesh left his house with a bag and said said that he will return back soon. Thereafter, at around 9.30 p.m. Laxmanj called Rameshji and asked his whereabouts, he said that he was taking dinner at highway Hotel. Thereafter, on the next day i.e. on 4/11/2022 at around 8.00 in the morning, the brother of the complainant came to his residence and told that his son Rameshji is died on the Railway track and pieces of the dead body is there. Therefore, they went to the scene, and found a suicide note from the bag of Ramesh, wherein he has specifically stated that he was in love with the daughter of the present applicant no.1, and wanted to marry her and both of them ran away together and got married. However, on 1/11/2022, both were caught, and locked in a Dabha, and they were threatened to kill. Both were beaten and separated. In the suicide note it was also stated that even his family members are not supporting him, and because of torture of all these, he is committing suicide. In the suicide note, he has stated that he was severely beaten. On the basis of the aforesaid suicide note, a complaint was registered against the present applicants and other persons.