JUDGMENT :

1. The present application has been filed seeking bail under the provisions of Section 438 of the Code of Criminal Procedure, 1973 (for short “the Code”) in connection with the FIR being C.R. No.11205031210736 of 2021 registered with Mandvi Police Station, District Kachchh for the offence punishable under Sections 306, 498A, 323 and 114 of the Indian Penal Code, 1860 (for short “the IPC”).

2. The case of the prosecution in brief is that the present applicant, who is a minor, is responsible for instigating and abating the suicide committed by the daughter of the deceased, since the applicant was having love affair with the husband of the deceased.

3. Learned advocate Mr.J.M.Nayak appearing for the applicant has submitted that the applicant is a student and 17 years of age and being a juvenile, her case is governed by the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act”). It is submitted that in fact looking to the role of the applicant, the offence under Section 306 of the IPC is not established as she being a minor is not responsible for instigating or abating the deceased to commit suicide. It is submitted that the F.I.R i