ORAL ORDER

1. By way of present application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ for short), the applicant has prayed for following reliefs:

“(a) To enlarge the applicant on Regular Bail in connection with FIR dated 20/08/2021 being CR No.11190004211306 of 2021 registered with Gadhda Police Station, District Botad under Sections 498A, 306 and 114 of the Indian Penal Code, 1860 and, yadi of the order be sent to (1) learned District and Sessions Judge, Botad and (2) the Police Inspector, Gadhda Police Station, District Botad.

(b) Pending admission, final hearing and disposal of this application, to enlarge the applicant on Regular Bail in connection with FIR dated 20/08/2021 being CR No.11190004211306 of 2021 registered with Gadhda Police Station, District Botad under Sections 498A, 306 and 114 of the Indian Penal Code, 1860 and, yadi of the order be sent to (1) learned District and Sessions Judge, Botad and (2) the Police Inspector, Gadhda Police Station, District Botad.

(c) To dispense with the filing of Affidavit as the applicant is in jail.

(d) To pass any other and further orders as may be deemed fit and proper.”

2. The First Information Report (‘FIR’, for short) being being CR No.11190004211306 of 2021 came to be lodged under Sections 306, 498A and 114 of the Indian Penal Code by one Mr.Lakhmanbhai Vashrambhai Vaghela alleging that his deceased daughter Bharti had married to present applicant before about 2 ½ years and out of the said wedlock they have one daughter aged about 1 year as well.

2.1 As per the complaint, the daughter of the complainant Bharti, before about three days, called him and complained that her husband i.e. present applicant used to beat her every night since last three months and she was being harassed by him and despite her making complaint to the in-laws i.e. mother-in-law and brother-in- law, her in-laws, instead of protecting her, they used to taunt her saying either to do household work perfectly or bear with such beatings. As such they all used to give her mental and physical harassment including the present applicant - husband.

2.2 On 20.08.2021 when the complainant went for labour work, he received call from father-in-law of Bhartiben, who told him that his daughter has consumed poison. When the complainant reached the Government hospital at Gadhda, he found dead body of his daughter deceased in post-mortem room and there were abrasions on both her legs. Accordingly the complaint was lodged.

2.3 The present applicant happens to be the husband of deceased Bhartiben. Before filing of the charge-sheet also present applicant had preferred application for enlarging him on bail which was withdrawn by the applicant vide order dated 26.10.2021 passed in Criminal Miscellaneous Application No.218250 of 2021.

2.4 After filing of the charge-sheet, the applicant has preferred present application for releasing him on bail under Section 439 of the Cr.P.C.

3. Heard learned advocate Mr.Hiren Modi for the applicant and learned Additional Public Prosecutor Mr.Ronak Raval for the respondent – State.

4. Learned advocate Mr.Modi submitted that the allegations levelled against the present applicant are general in nature and as such there was no harassment. He submitted that the Investigating Officer has not recorded statement of independent witnesses except one person viz. Zalabhai Raghubhai Ratadiya. In his statement said Raghubhai has stated that he is having 10 vighas of land in joint ownership and he has given land for cultivation to the present applicant on crop sharing basis and the present applicant along with his family is residing at the field of said witness only. In his statement, he has also stated that before 2-3 days, there was quarrel between the deceased and the present applicant related to character of the deceased and at the end of his statement he has categorically stated that because of harassment by the present applicant as well as the family members of the applicant, it se