BHARGAV KANTIBHAI DHAMELIYA 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.11214020240426 of 2024 with Kamrej Police Station, Surat.

(2.) Heard the Mr. Mangukiya, learned advocate for the petitioners and learned APP for the respondent - State.

(3.) Mr. Mangukiya, learned advocate for the petitioners would submit that ingredients of Sec. 107 of the IPC, which is essential for holding the charge u/s.306 are missing in the present case. There is no instigation by the present petitioners. He would further submit that the present petitioners were the sleeping partner in the restaurant business with the deceased and since loss was arrived in the business, the petitioners were decided to separate from the partnership firm. Consequently, one agreement at Annexure- A was also executed between the deceased and the petitioners, whereby it is agreed that deceased shall pay Rs.3.5 lacs to each of the petitioners. He would submit that after 6/12/2023 petitioners never talked with the deceased nor instigated nor demanded the money and therefore, there is no evidence to connect the petitioner with the alleged offence. Further it is submitted that the petitioners are permanent resident of Surat having movable and immovable properties. Petitioners are ready and willing to extend the co-operation and therefore, it is submitted to grant anticipatory bail by imposing suitable conditions.