GOHIL JYOTIBEN YOGESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petitions under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R.No.11210022240673 of 2024 registered with Kapodra Police Station.

(2.) Learned advocate for the petitioners submits that if the FIR is taken at face value; including the video clip which is alleged to have been shoot by the deceased and to be considered as suicide note, none of the ingredients of Sec. 306 of the IPC is made out. He would submit that deceased was in relationship with one Ms.Jyoti and subsequently circulating her photos on social media and therefore grandparents of Ms.Jyoti told the deceased not to do this thing. He would further submit that no other allegations are coming or establishing from the FIR. He would submit that since the preliminary ingredients of Sec. 306 of the IPC are not satisfied, petitioners may be released on anticipatory bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He would submit that out of four accused, two accused have categorically stated in the video itself that they have tortured the deceased and therefore he committed suicide. He would submit that the video which was recorded by deceased-Rahul could be treated as suicide note and therefore since the direct evidence is available from the video which deceased had shoot, prima facie linkage to act of the petitioners with the incident of suicide is established. As far as two other accused are concerned during the investigation the IO concerned had obtained CDR which shows that they had talked with deceased Rahul on 13/03/2024 and 07/03/2024 respectively so it could be presumed that these two petitioners have been threatening the deceased and thus custodial interrogation of the accused is required and therefore they may not be enlarged on anticipatory bail.