JUDGMENT :

J.C. DOSHI, J.

1. Rule. Learned APP waives service for the Respondent-State and learned Advocate Mr. Trivedi waives for the First Informant.

1.1 By way of this application, filed under Section 438 of the Code of Criminal Procedure, 1973 (‘the Code’ herein after), the applicant has prayed to grant him pre-arrest/anticipatory bail in connection with the offence registered as FIR No. 11205035230524 of 2023, with Nakhatrana Police Station, District Kutch, under Sections 306 , 389, 120B and 34 of the INDIAN PENAL CODE .

2. The brief facts of the case are as under:

The first informant, who was discharging duties as Police Inspector, Nakhatrana Police Station, Kutch-Bhuj (West), at the relevant point of time, lodged the FIR in question with Nakhatrana Police Station on 05.06.2023, wherein, it is stated that on 03.06.2023, at about 09:30 Hrs. Accidental Death Entry bearing Registration No. 25 of 2023, came to be registered, as provided under Section 174 of the Code, at the instance of one Dr. Mayursinh Jadeja, who was discharging duties as a Medical Officer at G.K. General Hospital, Bhuj, wherein, it is stated that one Dilip Bhagubhai Gagal, Age 32, residing at Madhapar, committed suicide by hanging on 03.06.2023 at about 07:00 hrs. in the bushes, situated near S.R. Petrol Pump on Deshalpar-Naliya road.

2.1 After the registration of the accidental death entry, the concerned PI, sent the body of the deceased for carrying out post mortem, recorded the panchnama of the place of incident and also proceeded to record the statements of the concerned persons.

2.1.1 During the course of recording of the statement of one Jagdishbhai Bhagwanbhai @ Bhagubhai Gagal, who happens to be the elder brother of the deceased Dilip Gagal, it was disclosed to the police that one lady (i.e. Ms. D. - Original Accused No. 2) has lodged a complaint against the deceased Dilip Gagal with Mankuva and therefore, his brother appears to have committed the suicide. He, further, requested the concerned PI to carry out investigation on the line of honey trap, black mailing, as well.

2.1.2 Pursuant to the above, the first informant inquired with the Mankuva Police Station and he came to know that one Ms. D. i.e. Original Accused No. 2, has lodged an FIR being 11205013230272 of 2023 with Mankuva Police Station for the offence punishable under Sections 376(1) and Sections 3(2)(5), 3(1)(2) (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1988 (in brief ‘the Prevention of Atrocities’ Act).

2.1.3 It is further stated in the FIR in question that the PI - First Informant received a report in connection with the investigation done with regard to the FIR being 11205013230272 of 2023, registered with Mankuva Police Station for the purpose of taking the same on the record of Accidental Death Entry No. 25 of 2023, which contained the detailed statement dated 04.06.2023 of Ms. D. - Original Accused No. 2, which was given by her to the concerned IO in the presence of her mother Liliben, Shri Bindiben Pithiya, Social Worker, Kachchh Mahila Vikas Sangathan, Bhuj and Ms. V.R. Chavda, PSI.

2.1.3.1 Ms. D. - Original Accused No. 2 in her statement dated 04.06.2023 has stated that she was studying in F.Y.B.A. in Arts and Commerce College, Vasna, Ahmedabad, but, she was not attending the college regularly and instead, she was working in a company named ‘Welset Holidays’ which was run by one Ajay Prajapati - Original Accused No. 3. The company used to book hotels in different cities for their clients, who wanted to go on a tour. However, as she did not get her salary and the company was closed, she left the job.

2.1.3.2 It is further stated by Ms. D. that after the aforesaid company was closed, she made a request to Ajay Prajapati - Original Accused No. 3 to start a business. However, nothing could be worked out. Ms. D. stated that somewhere in the month of May, 2023, she received a phone call from Ajay Prajapati and he asked her to come to his office and a