BELA M.TRIVEDI - (1.)The present application has been filed by the applicant - accused, seeking regular bail under Section 439 of Cr. P.C., in connection with the FIR being C.R. No.1120209055200067/2020 registered for the offences punishable under Sections 302 and 201 of IPC at Vijaynagar Police Station, Sabarkantha.
(2.)It appears that the applicant - accused is the son of the complainant. On 3.2.2020, the complainant had declared before the Vijaynagar Police Station that his daughter Asmita aged 17 years 6 months had committed suicide by jumping into the well. However, on the postmortem having been carried out at the Government Hospital, Vijayngar, it was found that she had died due to "Asphyxia as a result of compression of neck by ligature" and there were other internal injuries also found. The complainant, therefore, having suspected his son i.e. the present applicant had made inquiry and at that time the applicant had confessed before the complainant i.e. his father that the said Asmitaben had a love affair with one Mehul Amarsinh, and she used to leave the house very often but the said Mehul was not ready to accept her, which had caused embarrassment to the applicant - accused in the society. The applicant, therefore, had taken his sister i.e. Asmita to Surat 15 days prior to the alleged incident. He had further confessed that on 31.1.2020 he had come back to Ahmedabad with Asmita at about 5 a.m., on 1.2.2020. Thereafter on 3.2.2020 the applicant had strangulated his sister Asmita with a rope at about 4 O'clock in the early morning and had thrown the dead body into the well. The complainant on the basis of the said confession had lodged the complaint against his son i.e. the applicant for the offence punishable under Sections 302 and 201 of IPC.
(3.)Learned Advocate Mr.Sankhesar for the applicant has submitted that the applicant is aged about 22 years and the charge-?sheet is already filed in the case. According to him there is no valid discovery or recovery from the applicant. Placing heavy reliance on the decision in case of Kora Ghasi vs. State of Orissa , reported in 1983(2) SCC 251, he has submitted that the retracted confession before the Magistrate requires corroborative evidence. He has also placed reliance on the decision of the Supreme Court in case of Balwinder Singh vs. State of Punjab , reported in (1995) SCC Sppl. (4) 259 and in case of Borgam Rajender vs. State of AP , reported in (2006) 10 SCC 172 to substantiate his contention that the case is based on circumstantial evidence and the I.O., had failed to collect sufficient evidence to connect the chain of circumstances, which would lead to the quilt of the present applicant. Lastly he also relied upon the decision of the Supreme Court in case of Sanjay Chandra vs. Central Bureau of Investigation , reported in 2012(1) SCC 40, wherein the Supreme Court has laid down the factors to be considered while granting the regular bail. He also pointed out that there are discrepancies in the statements of the complainant before the police and the allegations made in the complaint.