CHETAN PRAVINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Dagli, learned advocate, for the applicant, learned advocate Mr. Hasit Tolia for the original complainant and learned APP 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. registered at C.R. No. I - 71/2017 with Halvad Police Station for the offences punishable under Sections 306 , 498-A , 304-B and 114 of the IPC. 2.1 The gist of the case is that the marriage of the daughter of the complainant i.e. Santosh (Prachhi) was solemnized before three months of 28.2.2017 with the applicant and started residing in joint family. After marriage whenever, daughter of the complainant came to his parental house, she inquired about the mental and physical harassment being meted out to her by her in-laws on the ground of dowry. Thereafter, when the complainant along with son-in-law Hitesh went to deceased house, the deceased was not at home and thereafter, the dead body of the deceased was found from the water tank. Hence, present FIR.

(3.) Learned advocate Mr. Tolia appearing for the complainant opposed grant of bail on the premise that the marriage span is about four months and therefore, presumption under section 113-B of the Evidence Act would come into play. Therefore, he prays to dismiss present Criminal Misc. Application.