CHAUDHARI ABHERAJBHAI KESARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-87 of 2018 with Vadnagar Police Station for the offence punishable under Sections 306, 323, 507, 506(2), 504 and 114 pf the Indian Penal Code.

(2.) The FIR came to be filed at the behest of one informant Ashaben on 03.11.2018 for the aforementioned offences, wherein, it is alleged that the nephew of the informant, who was studying in college had eloped with one Kinjal, daughter of the accused No.1. On account of this, the accused persons came to the house of the complainant and assaulted with fist and cuff blows the husband-Dinesh and Bipin-brother-in-law of the complainant. The other villagers got together and prevented further assault. Thereafter, time and again, the people belonging to a particular community including the applicant came to the house of the complainant and not only used to issue threats, but also used to manhandle the male members of the complainant's family including her husband (since deceased). The complaint implicates 12 members of the particular community, who have continuously issued threats by making phone calls and also issuing threats physically.

(3.) It is alleged that the present applicant had also issued threats that if the girl Kinjal is not brought back by the family of the complainant, he would get the entire family killed. As a result of such threats, the entire family was under fear. After sometime while the family members of the complainant engaged in their daily activities, all of a sudden, husband of the complainant Dinesh collapsed and started vomiting. Upon being asked, he narrated that on account of continuous pressure, harassment and threats from the parents and family members of Kinjal, he has consumed poison. The informant and other family members rushed Dinesh to the nearby hospital, but after brief treatment, the said Dinesh died at around 11:00 p.m. in the night.