ORDER :

1. Heard the learned advocates for the respective parties by video conferencing.

2. By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11208037210616 of 2021 registered with Kuvadava Road Police Station, Rajkot City, Dist. Rajkot for the offences punishable under Sections 306, 465, 477, 120B and 114 of the Indian Penal Code, 1860 (IPC).

3. It is the case of the prosecution that the first informant is a follower of Khodiyar Dham Ashram since 15 years. The Ashram is being run by one Jayramdas Bapu, who is the president and several other trustees. It is alleged that on 01.06.2021, at about 06:45 hrs., he received a call from one Pravinbhai, who is a sevak at the ashram informing him that something has happened to Jayramdas Bapu – deceased. On reaching the Ashram, he called other trustees and it appeared to them that bapu (since deceased) has passed away. The dead body of the bapu was kept in the Ashram for Darshan and he was cremated on 02.06.2021. It is alleged that his ashes were immersed in Haridwar, on 03.06.2021, and thereafter a suicide note allegedly written by the deceased, containing 20 pages were found from the room of the deceased naming three accused – (i) Alpesh Solanki, (ii) Hitesh Jadav, and (iii) Vikram Bharvad. It is alleged that those accused had caused mental and physical torture to bapu and have also recorded the videos of bapu in compromising conditions with some ladies and for which bapu committed suicide. On 16.06.2021, the Investigating Officer filed a report before the concerned Magistrate, Rajkot for adding sections 120(b), 465, 477 of the IPC and also arraigning two accused i.e. the applicant and one Rakshit Kalola. It is alleged that the death certificate dated 01.06.2021 certifying that the deceased passed away of natural death i.e. cardiac arrest with incorrect time of death issued by one Dr.Kamlesh Kareliya of Dev Covid Care Center, was in fact issued at the behest of the applicant. The role, which is sought to be alleged and played by the applicant, is that when he examined the dead body of the deceased, the applicant being a doctor, did not prescribe for the postmortem of the deceased and by issuing such certificate, he had tried to save or shield the main accused.

3.1. Learned Senior Advocate Mr.Lakhani for the applicant has submitted that no case worth the name under section 306 of the IPC has been made out against the applicant. He has submitted that for attracting the offence under section 306 of the IPC, there has to be abatement, as defined under section 107 of the IPC as the abatement is of such a nature that the person would be leaving with no option but to commit suicide. He has submitted that the role, which is sought to be allegedly played by the applicant is that when he examined the dead body of the deceased, the applicant, being a doctor he did not prescribe for the postmortem. He has further submitted that the deceased was a regular patient being treated by the applicant time and again over a period of 6-7 years and during the said period, the deceased was admitted for about 5-6 times in the hospital run by the applicant. It is submitted that on the day of incident i.e. 01.06.2021, the applicant received a call at about 08:00 hrs. from one of the trustees namely, Jitubhai Jadeja and since the applicant could not receive the said call, on a repeated attempt by the trustee Jitubhai Jadeja at about 09:00 hrs., the applicant was informed about emergency situation of the deceased at the Ashram. He has submitted that immediately, the applicant rushed to the Ashram, where apart from several other trustees, mob of 40-50 people have gathered and upon examining the deceased, it is found that he had passed away before more than two hours as rigor mortis had developed till then and the said aspect was informed by the applicant to the trustees namely, Jitubhai, R