MAHESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for respondent ' State of Gujarat.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11208051230875/2023 registered with the 'B' Division Police Station, Rajkot for the offence punishable under Ss. 306, 323, 506(2) and 114 of the Indian Penal Code.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 1/10/2023, for which, the FIR has been lodged on 10/10/2023 and the applicant has been arrested in connection with the same on 11/10/2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that so far as the role attributed to the present applicant is concerned, it is alleged that before few days, the applicant had gone to the house of the deceased, at that time, some altercation took place and at that relevant point of time, the present applicant had slapped her and also administered threats with dire consequences, due to which, the deceased was frightened and she committed suicide by consuming poisonous substance. It is also alleged that the deceased was having some relationship with the brother of the applicant and earlier point of time, the engagement of the brother of the applicant has been broken due to deceased, therefore, the present applicant had administered threats to her and ultimately, she has committed suicide. Learned advocate submitted that there is no suicide note found from the possession of the deceased and there is no nexus, which would show and suggest that immediately after the administration of the threats, the deceased has committed suicide. It is, therefore, urged that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.