Point of law: It needs to be noted that the role attributed to the applicant and his son is almost identical and similar except to the extent that the applicant made two calls to the first informant by furnishing the false information to the person he made call. Since the son of the applicant is enlarged on bail, the case of the applicant deserves consideration on the ground of parity.

ORDER :

1. The present application u/s 439 of the Cr.P.C., 1973 is filed at the instance of applicant, namely, Mr. Ramanbhai Bholidas Patel – accused No.2 as per charge sheet for enlarging him on regular bail in connection with FIR being C.R. No. 11191020201399 of 2020 registered with Vastrapur Police Station for the alleged offenses punishable u/s 498-A, 307, 362, 384, 342, 325, 353-A, 354-A, 323, 294-B, 506(2), 199 and 120-B of the IPC. The said FIR and subsequent report of addition of further offenses came to be filed for the incident occurred on 1.8.2020 and subsequent to the dates of incident dated 01.8.2020. In nutshell, the offenses period ranges from 1.8.2020 and onward.

2. Brief facts of the FIR and crux of two reports filed for addition of offenses u/s 307 and 342, 353A 506(2), 362 AND 384 of the IPC are as under:-

2.1 In the year 2011, the applicant's son got married to the first informant and first informant gave a birth to a baby girl named Arya. According to the first informant, the incident has occurred on 1.8.2020 on the occasion of Arya's birthday party when applicant, her husband, her parents and other in-laws abused her and her mother and demanded dowry. It is alleged by the first informant that her husband at the behest of present applicant uttered abusive words to the first informant and her mother in front of other members. At that time, her husband and in-laws were under the influence of alcohol and thereafter, her husband started slapping the first informant and gave punch on her nose and when her mother tried to intervene, her husband beaten her. It is alleged that at midnight, the first informant was thrown out of the house with her eight year daughter by the family of in-laws and at that time, the first informant suffered fractured on her nose and one teeth was broken and therefore, she went with her mother at her place. It is alleged that the applicant being influential person and strong headed person and because of his influence, no police turned up though she dialed 100 number.

2.2 She took treatment of fracture and other injuries at private hospital. As her complaint was not received/ registered, the first informant approached the media and with the help of media and other relatives, ultimately the first informant succeeded in getting the present FIR registered.

2.3 On 17.8.2020, the first informant gave further statement to the effect that prior to one and half years, at about 8:30 p.m., when her parents-in-law and husband were consuming alcohol, they taunted her and when the first informant requested not to utter such words, her husband became angry and she was dragged to her room and at that time, the present applicant pressed her neck and her husband pressed her with the pillar, but anyhow, she could save herself. Further, there is allegation on the part of the first informant that once her hand was caught by the applicant prior to 18 months. Consequent upon further statement, the investigating agency filed report for addition of section 307 and 353A of the IPC.

2.4 Again on 28.8.2020, further statement of the first informant was recorded, wherein, she leveled the allegation against the applicant and other accused persons and narrated the incident, which took place on 24.8.2020. The sum and substance of the further statement is such that the first informant was kidnapped/abducted and brought to the office of one Mr. Jankit Prajapati, common friend of the parties to the proceedings. The first informant was pressurized to sign certain documents and swear affidavit and thus, under threat and force, she was compelled to sign documents pertaining to consent affidavits to be filed in the proceedings of anticipatory bail and quashment of the present FIR, so that the accused persons named could be enlarged on anticipatory bail and so also, FIR can be quashed. In her further statement, the first informant st