BHAVESH NAROTTAMBHAI @ NATUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned A.P.P. for the respondent - State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.I-171 of 2016 registered with Prabhas Patan police station, Gir-Somnath under Sections 306, 354A of the Indian Penal Code and Sections 66 and 67 of the I.T. Act.

(3.) Briefly stated, the complaint came to be filed by one Mr.Kaushal Pravinchandra Kakkad, inter alia, alleging that he was the resident of the address shown in the F.I.R. and has a shop named 'Kaushal Engineering Work' and he has two sisters and his younger sister Ms.Heena @ Hetal married to one Mr.Shivan Ashokbhai Devani on 11.06.2011, who worked in a company in Congo, Africa. It is alleged that sister of the complainant gone to Africa for some time and, out of their wedlock, they have one daughter, namely, Dhanvi and after said Ms.Heena came back from Africa on 27.09.2016, she was residing with her in-laws. It is alleged that on 12.12.2016, at about, 5:00 am., father-in-law of Ms.Heena i.e. Mr.Ashokbhai called the complainant and asked him if Ms.Heena had gone to their house since his own house was opened and she was nowhere to be seen. Therefore, the complainant inquired at other relatives but, with no success. Later, while inquiring, they reached Dabhor Railway Crossing and when the complainant inquired about his sister to the railway crossing attendant, he was informed by gangman that there was a female dead body near the river bridge. When they reached there, the body was cut into parts and the body was of the sister of the complainant and, therefore, the complainant called Mr.Ashokbhai and other persons and then, she was taken to the hospital where, she was declared brought dead. The police took complainant's statement and later, when a panchnama was to be carried out of the site in question, where a chit was found which was a page of a diary of Robank Africa which said that the petitioner was responsible for her death and he had spoiled her life and that he owes Rs.15 lacs to husband of the deceased. It is alleged that upon inquiring her husband, he informed that the petitioner is his friend and both the couples had friendly relations and he had lent the petitioner a sum of Rs.15 lacs and the petitioner had staged a drama of committing suicide not to return money. The deceased had informed him that when the deceased was in Africa, the petitioner was sending emotional messages and that, he was sending indecent pictures of the deceased and was making illicit demands and saying that he would commit suicide and would give her and her husband's name behind that. It is alleged that the petitioner thus, threatened the deceased which compelled her to commit suicide and these sorts of allegations, the complaint came to be filed.