SWAPNIL BHAIRAWNATH DUDHANE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP Mr. KP Raval appears and waives service of notice of rule for and on behalf of the respondent-State and Ms. Archana R. Acharya appears and waives service for and on behalf of the complainant. With the consent of the respective sides, the matter was heard finally on 11th and 18th day of November 2016.

(2.) This Application is preferred under Section 439 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity] by the applicant-accused in FIR, being I-C.R No. 76 of 2016 registered with Bopal Police Station, Ahmedabad for grant of regular bail in connection with an offence punishable under Sections 306 and 114 of the Indian Penal Code, 1860 ["IPC" for brevity].

(3.) Brief facts, as narrated in the FIR are that in the night of 25th September 2016 at around 12:00 am, the complainant received a phone call from a Police Constable informing him that his son had committed suicide, and therefore, the complainant informed his friend Manmeetsingh Chabra to immediately reach at the place where his son had committed suicide. It is the say of the complainant that his son was residing with other 4 to 5 boys in a flat at Binori Sonnet Society since last two months and was working at Evolutionary Systems Private Limited, a company situated at Makarba, Ahmedabad. Thereafter, the complainant and his other relatives came to Ahmedabad on 26th September 2016 where they found deceased hanging in one of the bedrooms of Binori Sonnet Apartments. The one end of the deceased turban cloth was tied with fan hook and the second end of the cloth was tied to the deceased's neck and his dead body was found hanging. The police standing nearby shown them a spiral bound lying besides the dead body and on one page of that spiral bound with a blue colour marker pen, it was written "call Mum 9377156369 :: Papa 9898177760". Upon identifying the handwriting by the complainant, it was found that the same was not written by the deceased, as his son had never written a sentence using all capital letters. The complainant when looked around, saw legs of his son touching the floor of the room, as if he was standing and the dead body was slightly bent on the bed, which was besides the body. The deceased T-shirt was worn wrong way and also after noticing these two things, complainant immediately came outside the room and informed the Police to interrogate the boys staying with the complainant's son. The complainant also brought to the notice of the Police that his son had previously complained him about his fellow habitants forcibly trying to feed him non vegetarian food and alcohol. It is also averred in the complaint that these room-mates were abusing his son and making fun of the deceased religion.