RANIBEN GUDDU @ SURYAPRAKASH MAURYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, ("the Code") the applicant - original accused has prayed to release him on bail in case of her arrest in connection with the FIR being I CR NO 47/2016 registered with Krushnagar Police Station for the offences punishable under Sections 306, 498(A) and 114 of the Indian Penal Code.

(2.) Learned advocate Mr. Prajapati for the applicant submitted that the applicant cannot be said to be responsible for the suicide committed by the victim as there are general allegations against the applicant with the other accused that the victim was being asked about vacating the house. Mr. Prajapati further submitted that in respect of the dispute about vacating the house, the victim had earlier filed application before the police on 21.4.2016 and thereafter, she sated before the police that there was settlement and she did not want to pursue her application. He submitted that the applicant is lady accused and has two minor children and, therefore, this Court may consider exercise of the discretion under sec. 438 of the Code in favour of the applicant.

(3.) Learned APP Ms. Thakore appearing for the respondent State, on the other hand, submitted that from the contents of the FIR, it appears that the victim was being harassed by the applicant and her brothers in law and husband of the victim used to harass her mentally and physically at their instance. She submitted that there was complaint about harassment by the applicant and other in -laws on 21.4.2016 by the victim but she did not pursue such application stating that there was settlement, however, immediately within a period of 7 to 8 days, she committed suicide and for such suicidal death of the victim, the applicant and other in laws are responsible as stated in the FIR. She submitted that since the investigation is in progress, this court may not exercise discretion under sec.438 of the Code in favour of the applicant.