REKHABA W/O RAJUBHA BHUPATSANG JADEJA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-1-9
HIGH COURT OF GUJARAT
Decided on January 07,2021

Rekhaba W/O Rajubha Bhupatsang Jadeja Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

ASHOKKUMAR C.JOSHI,J. - (1.) The Applicant - Rekhaba has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with FIR No. 11202036200279/2020 registered with Lalpur Police Station, District Jamnagar for the offences punishable under Sections 302, 304B, 306, 498A, 201 and 34 of the Indian Penal Code.
(2.) Heard learned Advocate Mr. Premal S. Rachh for the Applicant and learned APP Mr. H.K.Patel for the Respondent - State through Video Conference. Submission of the Parties:
(3.) Learned Advocate for the Applicant has vehemently submitted that in the present case the Applicant is a lady accused and in judicial custody since last three months and there are no antecedents against the present Applicant. The investigation is over and the charge sheet is also filed. Further he has submitted that the complainant and other witnesses are residing in the Bhavnagar District whereas the Applicant is residing in the Jamnagar District and therefore there cannot be any apprehension of tempering with the evidence or hampering investigation by influencing witnesses and there is no question of custodial interrogation. The remand period of the Applicant is also over. Learned Advocate for the Applicant has further submitted taht the Applicant is mother-in-law. Learned Advocate for the Applicant has further submitted that prima facie there is no role attributed to the Application for allegations leveled for the offence under Section 302 though the same allegations were on the Applicant under Section 306 but simultaneously the same allegations were mainly on the husband and sister-in-law. Subsequently, the offence registered under Section 302 IPC wherein also the prime allegations were on husband and sister-in-law. Learned Advocate for the Applicant has also taken this Court to the statement of the Driver wherein also as such there is no allegations upon the present Applicant and therefore learned Advocate for the Applicant has requested this court to exercise discretion under Section 439 Cr.P.C.;


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