During the course of the investigation, it has been revealed that husband took the accidental insurance policy jointly with his wife on 29.09.2020 of Rs. 60 lakhs. The date of the offence is 26.12.2020 at 7:00 a.m. During the course of the investigation and from the call details, it has been revealed that husband was in constant touch on phone with the other co accused from 4:22 a.m. to 6:25 a.m. on 26.12.2020. During the course of the investigation and as per the charge-sheet, according to the prosecution, as a part of the conspiracy, husband took his wife to Hanumanji Temple on foot and as he got the chance in the way, he made phone call to the co-accused Kirtikumar Kanaji to finalize the plan. Kirtikumar Kanaji made phone call to another co-accused Mahesh (driver of the Swift Car) and thereafter the co accused Mahesh hit the deceased Daxaben by the said car and committed murder from the back side so as to consider it as an accidental death. Therefore, though a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of the case, but it has to indicate the prima facie reasons justifying the grant of bail. Hence, order granting bail bereft of any cogent reason(s) therefor, cannot be sustained.

[Ishwarji Nagaji Mali v. State of Gujarat, (2022) 6 SCC 609]

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