GULABJI DHULAJI PANUCHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11216008240155 of 2024 registered with Gandhinagar Sector-7 Police Station, Gandhinagar.

(2.) It is sought to be submitted by Mr.J.M.Panchal, learned Senior Advocate for the petitioners that general allegations are made in the FIR. There is no specific incident has been stated in the FIR which indicates that the deceased was subjected to incessant cruelty at the hands of the in laws which triggered her to committed suicide. He would further submit that the deceased was living separately in the hostel. She was diabetic. She hardly stayed for few days in her matrimonial home along with the in undefined laws and in the facts and circumstances of the case, since the allegations of 498A and 306 of IPC, prima facie does not substantiate in the present matter. The petitioners may be granted anticipatory bail. Moreover, both the petitioners are in their fifties. They are permanent resident of Ahmedabad. They are readily available for the investigation. Learned Senior Advocate for the petitioners submits that considering the nature of allegations, role attributed to the petitioners, the petitioners may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, learned APP has fervently objected to the grant of bail and would submit that within the span of first seven years the deceased has committed suicide. Pima facie presumption under Sec. 113A of the Evidence Act arises and therefore it would be presumed that the deceased was subjected to harassment and cruelty even at the hands of the in laws and therefore, anticipatory bail may not be granted.