FATEHDAN MEGHRAJBHAI GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for anticipatory bail in connection with the FIR being C.R. No.I-28 of 2019 registered with B- Division Police Station, Kutch (West) for the offences punishable under Sections 306 and 114 of the Indian Penal Code read with Sections 3(2)(v) of the Atrocity Act.

(2.) It is contended that apprehending his arrest, the appellant preferred Criminal Misc. Application No. 312 of 2019 before the Trial Court, which was dismissed vide order dated 15.4.2019 by learned 6th Additional Sessions Judge, Bhuj- Kutch.

(3.) The case of the prosecution, in brief, is that informant Gitaben, wife of Vinodbhai Solanki has lodged the FIR against one Kaushalyaben, her husband, her daughter, her younger son, her son-in-law and one Fatehdan Gadhavi alleging that her husband has committed suicide and he wrote a suicide note, wherein he has named all these persons as responsible for his commission of suicide. It also reveals from the contents of the FIR that there was some dispute between Kaushalyaben and the deceased and Kaushalyaben has lodged one complaint against the deceased and for that purpose, some settlement was going on. It also reveals that in the suicide note, there is also name of one PSI who has registered the FIR against the deceased.