ORDER :

1. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being C. R. No. 11191036211243 of 2021, registered with Navrangpura Police Station, District: Ahmedabad City for the offences punishable under Sections 498A, 323, 294(b) and 377 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 7 of the Dowry Prohibition Act.

2. Whereas, the Criminal Misc. Application No. 1 of 2021 has been filed by the original complainant with following prayers:

“(A) This Hon’ble Court be pleased to allow the present application;

(B) This Hon’ble Court be pleased to direct the respondent No. 1 – org. applicant in Criminal Misc. Application No. 19503 of 2021 to produce the entire conversation of the so-called chats which is put on record by him in his affidavit-in-rejoinder from page nos. - 112 to 117 and Affidavit-in-sur-rejoinder from page nos. 158 to page nos. 166;

(C) This Hon’ble Court be pleased direct the Respondent no. 1 – org. applicant to state on oath that the chats which are placed on record by him in his affidavit-in-rejoinder from page nos. - 112 to 117 and Affidavit-in-sur-surrejoinder from page nos. 158 to page nos. 158 to page nos. 166 are complete, not tampered, altered or edited and further produce necessary evidence to prove the same;

(D) This Hon’ble Court be pleased to direct the Respondent No. 1 – org. applicant to offer and/or produce his phone, laptop (Macbook) and all his hard-drives to the investigating agency forthwith to find the correctness, truthfulness, genuineness of the so called chats which are produced by him on record;

(E) That this Hon’ble Court be pleased to initiate the prosecution against respondent no. 1 – org. applicant U/s. 191, 192 & 193 of Indian Penal Code, 1860 for the alleged act of fabricating false evidence and producing the false evidence before this Hon’ble Court;

(F) Any such other and further relief as though fit in the interest of justice.”

3. Heard learned senior advocate Mr. I. H. Syed with learned advocate Mr. Nirav C. Thakkar for the applicant, learned senior advocate Mr. Jal S. Unwalla with learned advocate Mr. Bomi H. Sethna for the original complainant and learned APP Ms. M. H. Bhatt for the respondent – State.

4. The learned senior advocate for the applicant has submitted that the applicant is apprehending arrest in connection with the aforesaid FIR. It is submitted that the learned Sessions Judge has rejected the application filed by the present applicant for grant of anticipatory bail. The learned advocate for the applicant further submitted that the applicant is charged with the aforesaid offences, however, the ingredients of the said offences are not satisfied. It is further submitted that the applicant and the original complainant are the husband and wife having a long marriage span of about 17 years and in progeny, also having boy child aged about 14 years. It is submitted that the applicant is an Architect by profession, who is belonging to a very well educated family and it is only after this much period of 17 years, the original complainant has come with the aforesaid complaint, which itself is suggestive of the ill motive of the complainant.

4.1 The learned senior advocate for the applicant further submitted that, without any reasons, the original complainant left her matrimonial home in November 2020 and present FIR is filed belatedly in October 2021, and accordingly, on this ground only, the present application requires favourable consideration.

4.2 It is submitted that present FIR is nothing but a preemptive strike by the original complainant as the applicant had come to know and confronted the original complainant with some factual aspect, unbecoming of a legally wedded wife. It is with vehemence submitted that only with a view to depart with the applicant and pursue her affair, the present complaint has been filed against the applicant sans any material.

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