HITESHBHAI RAJESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure, 1973 (for short "the Code") praying for an order of anticipatory bail by the applicants, who are original accused shown in First Information report as accused Nos.5 and 6 respectively.

(2.) Heard Mr. Darshit R. Brahmbhatt, learned advocate for the applicants. According to his submission, the offence alleged against them pertaining to Ss. 498(A) , 316 , 504 , 506(2) and 114 of the Indian Penal Code (for short " IPC "). He has further submitted that they are in no way related to the accused- father of husband - accused No.1, wife of accused No.1 has filed the complaint for cruelty against accused Nos.1 to 4, who happens to be her in-laws. He has submitted that they are not at all connected with the in-laws of the first informant by blood nor staying together. He has further submitted that both of them happens to be the friend of accused Nos.1 and 2, who are husband and father-in-law of first informant. He has further submitted that as alleged in the First Information Report, present applicants have instigated accused Nos.1 to 4 for committing an offence under Ss. 498(A) , 316 , 504 , 506(2) read with Sec. 114 of " IPC " and therefore, they be enlarged on anticipatory bail.

(3.) Having heard the learned advocate for the applicants and going through the papers of investigation as also the documents shown to the Court by the learned advocate for the applicant as also the Investigating Officer, it appears that applicant No.2 - Rajubhai Ratibhai Patel is a retired Police Officer and he is friend and known to accused Nos.1 to 4 i.e. in-laws of the wife- Krupaben. Though for the incident dtd. 19/12/2022, a complaint in writing narrating all the offences as aforesaid in the FIR, perhaps under the influence of retired Police Officer, who is stationed locally, might have influenced local police and therefore, no offence is even registered and on the contrary, chapter case is filed against the in-laws. However, on medical evidence being obtained on examination by the Gynecologist of the wife of accused No.1, when it was revealed that because of the cruelty inflicted by the accused, more particularly, kick blow in the abdomen when she is pregnant, it caused abortion, the aforesaid offence appears to have been registered, that too, on 3/1/2023. Therefore, as such there is no delay in filing the aforesaid FIR wherein the present applicants pray for anticipatory bail.