(1.) RULE. Mr. Maulik G. Nanavati, learned Assistant Public Prosecutor waives service of notice of rule on behalf of the respondent-State. This application has been filed under Section 439(1) of the Code of Criminal Procedure for grant of bail in connection with FIR being C.R. No. 1-306/08, registered with Udhna Police Station, Surat City. Initially, the FIR was registered for offences punishable under Sections 302 and 188 of the India Penal Code. Subsequently, on a report made by the Investigating Officer dated 12.10.2008, Sections 120-B, 397, 34 and 114 of the Indian Penal Code, were added.
(2.) Briefly stated, the case of the prosecution is that the applicant, who is the husband of deceased Chandrikaben, and father of the original complainant Nirmalkumar, along with other accused persons, is involved in the commission of the above-mentioned offences.
(3.) Mr. R.M. Agrawal, learned Counsel for the applicant has emphatically made detailed submissions, the gist of which is reproduced hereinbelow: