JUDGMENT : ASHOKKUMAR C. JOSHI, J. 1. By way of the present 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. 11207078210372 of 2021, registered with Kankanpur Police Station, District: Panchmahals for the offences punishable under Sections 306, 498A and 114 of the Indian Penal Code, 1860 (IPC) and Sections 4 and 7 of the Dowry Prohibition Act. 2. Heard learned advocate Mr. Vijay Patel for learned advocate Mr. R. D. Dave for the applicant and learned APP Ms. Moxa Thakkar for the respondent – State. 2.1 Rule. Learned APP waives service. 3. The learned 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. 3.1 It is further submitted that the incident in question is purely an accident and the deceased had died due to falling down into the canal due to lost balance. Further, it is submitted that the applicant and the deceased had long marriage span of about 18 years and had cordial relations. Moreover, it is submitted that when the incident in question had occurred, their daughter Himali was with the deceased. Referring to her statement, the learned advocate submitted that the daughter of the deceased was aged about 14 years at the time of incident and was quite capable of giving statement. It is further submitted that in her statement before the police, she has clearly stated that the deceased had some mental health issues and was undergoing treatment. Further, she has stated that her mother on the day of incident, her mother was not well and while they were going on scooter, en route, her mother felt like dizziness and hence, they parked the scooter roadside near the canal, however, suddenly her mother lost balance and fell down in the canal and while so, she caught her hand and hence, she also fall into the canal, however, and the people gathered there, had saved them. The learned advocate submitted that in the incident, the deceased had sustained severe injuries, and eventually, succumbed to the injuries. Further, after the incident which had taken place on 27.07.2021, the deceased survived for about 15 days and only on 11.08.2021, she died and during treatment, the applicant had made all the effort for well being of the deceased. 3.2 Last but not the least, it is submitted by the learned advocate for the applicant that the applicant is a government servant, working as Police Sub Inspector and has reputation in the society. Accordingly, in the facts and circumstances of the case, it is urged that present application may kindly be allowed and the applicant may be granted anticipatory bail. 3.3 The learned advocate for the applicant has further submitted that the applicant will keep himself available during the course of investigation as well as during trial and will not flee from justice. 3.4 The learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for remand. It is further submitted that upon filing of such application by the Investigating Agency, the right of applicant - accused to oppose such application on merits may be kept open. The learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail. 4. Per contra, the learned APP appearing on behalf of the respondent – State has, with all vehemence at her command, opposed the grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that from the investigation carried out so far, prima facie case has been made out against the present applicant – accused. Inviting attention to the injuries sustained by the deceased, the learned APP submitted that the deceased had sustained in all 23 injuries and as per the opinion of the doctor, all the injuries were ante mortem in nature and accordingly, it is crystal clear that prior to the incident in question, the deceased was beaten. 4.1 Further, it is submitted that the deceased was being physically and mentally tortured by the accused persons for quite a long time and also taunted for dowry. 4.1 Further, it is submitted that the deceased was being physically and mentally tortured by the accused persons for quite a long time and also taunted for dowry. Further, the applicant wanted to remarry with another woman and used to threaten the deceased to that effect and when the deceased could not bear such harassment and torture, she committed suicide and accordingly, it is a clear case of cruelty and abetment to commit suicide. 4.2 The learned APP further submitted that the applicant is a police officer and hence, there are all chances of influence over the investigation and therefore also, exercise of discretion at the hands of this Court is not warranted. 4.3 Making above submissions, the learned APP urged that this being an anticipatory bail application, considering the gravity of offence, the same may not be entertained and it is requested to be rejected. 5. The Court has heard the arguments advanced by the learned advocates for the parties and also perused the material placed on record. The applicant herein, who is a police officer, by way of the impugned FIR, is charged with the offences punishable under Sections 306, 498-A and 114 of the IPC and Sections 4 and 7 of the Dowry Prohibition Act. In the said backdrop, if the facts of the case are referred to in a brief, as per the complaint given by original complainant – Dalpatsinh Lalsinh Khant, who is the father of the deceased, since about four years prior to the incident, the deceased was being physically and mentally tortured by the accused persons and also taunted for dowry and the deceased being fed up of such ill treatment and torture, committed suicide by jumping into the canal. 5.1 As per the learned advocate for the applicant the deceased was suffering mental illness and was undergoing treatment. Further, it has been submitted on behalf of the applicant that on the date of incident, the deceased when was going by scooter along with her daughter, she suddenly felt dizziness and hence, parked the scooter on the roadside near canal, however, she lost balance and fell down in the canal and sustained severe injuries and ultimately, succumbed to the injuries. Now, if the injuries sustained by the deceased, as narrated in column No. 17 of the Post Mortem Note are seen, they are in 23 in number, which can be referred as under: 1) Multiple small abrasions of size varying from 0.5 cm x 0.5 cm to 1 cm x 0.5 with black dried scab over them, are present over back aspect of both elbows. Depigmented areas are present at margins due to fall of scab. 2) Two parallel linear abrasions of size 3.5 cm in length with intervening gap of 0.5 cm with black dried scab over them, are obliquely present over outer border of right forearm, 2 cm below right elbow joint. Their upper end is outer and lower end is inner. Depigmented areas are present at margins due to fall of scab. 3) One circular greenish color contusion of size 2.5 cm in diameter is present over outer aspect of left arm, 6 cm above left elbow. 4) One irregular greenish colour contusion of size 0.5 cm x 0.5 cm is present over the anterolateral aspect of upper part of left arm, 12 cm below left shoulder tip. 5) One irregular greenish colour contusion of size 0.5 cm x 0.5 cm is present over the anterolateral aspect of the left arm, 17 cm below left shoulder tip. 6) One irregular greenish colour contusion of size 1.5 cm x 1 cm is present over the posterolateral aspect of the left forearm, 8 cm below left elbow joint. 7) One irregular greenish colour contusion of size 0.5 cm x 0.5 cm is present over the outer border of the left forearm, 9 cm below left elbow joint. 8) One irregular greenish colour contusion of size 0.5 cm x 0.5 cm is present over the outer border of left forearm, 10 cm below left elbow joint. 9) One irregular greenish colour contusion of size 3 cm x 2 cm is transversely present over the back aspect of lower part of left forearm, 5 cm above wrist joint. 10) Two irregular greenish colour contusion of size 2 cm x 1 cm and 1.5 cm x 1 cm with an intervening gap of 1.5 cm are present over the front aspect of left shoulder, 3.5 cm below tip of left shoulder. 10) Two irregular greenish colour contusion of size 2 cm x 1 cm and 1.5 cm x 1 cm with an intervening gap of 1.5 cm are present over the front aspect of left shoulder, 3.5 cm below tip of left shoulder. 11) One irregular greenish colour contusion of size 4 cm x 3 cm is present over the anterolateral aspect of the right arm, 13 cm below tip of right shoulder. 12) One irregular greenish colour contusion of size 3 cm x 2 cm is present over the anterolateral aspect of the right arm, 19 cm below tip of right shoulder. 13) One irregular greenish colour contusion of size 2.5 cm x 1.5 cm is present over the outer aspect of the right arm, 15 cm below tip of right shoulder. 14) One irregular greenish colour contusion of size 5 cm x 3 cm is present over the inner aspect of the right elbow joint. 15) One irregular greenish colour contusion of size 1 cm x 1 cm is present over the outer aspect of upper part of right forearm, 3 cm below right elbow joint. 16) One irregular greenish colour contusion of size 1 cm x 1 cm is present over the outer aspect of upper part of right forearm, 6 cm below right elbow joint. 17) One irregular greenish colour contusion of size 3 cm x 2 cm is present over the front aspect of the right side of abdomen, 2.5 cm right to umbilicus and 14 cm below right costal margin. 18) One irregular greenish colour contusion of size 3 cm x 3 cm is present over the front aspect of right side of abdomen, 5 cm right to umbilicus and 17 cm below right costal margin. 19) One linear abrasion of size 12 cm x 0.3 cm with black dried scab over it, is obliquely present over the posteromedial aspect of lower part of right thigh, 8 cm above back aspect of right knee joint. 20) One linear abrasion of size 14 cm x 1.5 cm with black dried scab over it, is obliquely present over the posteromedial aspect of lower part of left thigh, 4.5 cm above the back of left knee joint. 20) One linear abrasion of size 14 cm x 1.5 cm with black dried scab over it, is obliquely present over the posteromedial aspect of lower part of left thigh, 4.5 cm above the back of left knee joint. 21) Five small irregular greenish colour contusion of size varying from 1.5 cm x 1 cm to 2 cm x 1.5 cm are present over the postero-medial aspect of left leg, 13 cm below back aspect of left knee joint. 22) One abrasion of size 3.5 cm x 0.5 cm with black dried scab over it, is obliquely present over the upper outer quadrant of the right buttock, 2 cm below iliac crest. 23) Diaper rash in the form of abrasion with brownish scab over it, is present over both the inguinal region and inner aspect of upper part of both thighs. 5.2 Further, if the post mortem report is referred to, it is clearly stated that the said injuries are ante mortem in nature, meaning thereby, prima facie it appears that the injuries sustained by the deceased were just prior to the incident in question had occurred. 5.3 Now, if the statement of the daughter of the applicant Himali is referred to, who stated to have been with the deceased and also fell down in the canal along with the deceased and eyewitnessed the incident, she has stated that when her mother started behaving abnormal, she shouted for help and hence, many people gathered there, however, as they were standing near the edge of the canal, her mother lost the balance and fell down, and since, she had also caught hold her hand, she fell along with her mother into the canal, however, the people gathered there, had saved them. The learned advocate for the applicant has much relied upon the statement of this witness. However, a man of prudence could follow that the aforesaid injuries, which are 23 in number, may not be possible by falling into the canal only, moresowhen, as per the case of the applicant himself, the deceased and her daughter were immediately saved by the people gathered after falling into the canal. Further, as referred herein above, the post mortem report reveals that the aforesaid injuries (23 in number) were ante mortem in nature and accordingly, it creates serious doubt. Further, as referred herein above, the post mortem report reveals that the aforesaid injuries (23 in number) were ante mortem in nature and accordingly, it creates serious doubt. Further, there are allegations of cruelty and ill-treatment to the deceased for about four years prior to the incident in question and that, the applicant stated to be wanting to remarry with another woman. Further, the fact that the applicant is a police officer and therefore, in the submission of the learned APP, if the anticipatory bail is granted to the applicant, there are all chances of tampering and hampering with the evidence. 5.4 At this juncture, it would be worthwhile to refer to the observations made by the Apex Court in Prashant Singh Rajput vs. The State of Madhya Pradesh and Ors. (08.10.2021 - SC) : MANU/SC/0828/2021, which are as under: “25. In another decision in Dr. Naresh Kumar Mangla v. Anita Agarwal and Ors. a three Judge Bench of this Court cancelled the anticipatory bail granted to the Accused, following the unnatural death of his wife. The Court surveyed the authorities on the grant of anticipatory bail and held: 19. In the recent decision of the Constitution Bench in Sushila Aggarwal v. State (NCT of Delhi) [MANU/SC/1538/2019 : (2020) 5 SCC 1 ], the considerations which ought to weigh with the Court in deciding an application for the grant of anticipatory bail have been reiterated. The final conclusions of the Court indicate that: ....92.3...While considering an application (for grant of anticipatory bail) the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the country), etc. 92.4 Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court. 20. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court. 20. The Constitution Bench has reiterated that the correctness of an order granting bail is subject to assessment by an appellate or superior court and it may be set aside on the ground that the Court granting bail did not consider material facts or crucial circumstances... [...] 22. It is apposite to mention here the distinction between the considerations which guide the grant of anticipatory bail and regular bail. In Pokar Ram v. State of Rajasthan [MANU/SC/0088/1985 : (1985) 2 SCC 597 ], while setting aside an order granting anticipatory bail, this Court observed: ...Says the learned Chief Justice that in regard to anticipatory bail, if the proposed accusation appears to stem not from motives of furthering the ends of justice but from some ulterior motive, the object being to injure and humiliate the Applicant by having him arrested, a direction for the release of the Applicant on bail in the event of his arrest would generally be made. It was observed that "it cannot be laid down as an inexorable Rule that anticipatory bail cannot be granted unless the proposed accusation appears to be actuated by mala fides; and, equally, that anticipatory bail must be granted if there is no fear that the Applicant will abscond". Some of the relevant considerations which govern the discretion, noticed therein are "the nature and seriousness of the proposed charges, the context of the events likely to lead to the making of the charges, a reasonable possibility of the Applicant's presence not being secured at the trial, a reasonable apprehension that witnesses will be tampered with and 'the larger interests of the public or the State', are some of the considerations which the court has to keep in mind while deciding an application for anticipatory bail". A caution was voiced that "in the evaluation of the consideration whether the Applicant is likely to abscond, there can be no presumption that the wealthy and the mighty will submit themselves to trial and that the humble and the poor will run away from the course of justice, any more than there can be a presumption that the former are not likely to commit a crime and the latter are more likely to commit it.” 6. Thus, considering the overall facts and circumstances of the case on hand, this Court is of the considered opinion that this is not a fit case to exercise the discretion vested in the Court under Section 438 of the Criminal Procedure Code, 1973 and to grant anticipatory bail to the applicant. The application, therefore, fails and is rejected accordingly. Rule is discharged. 6.1 It goes without saying that at the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.