SAMIMBEN ABDULLAH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R.No.11199002200014 OF 2020 before Mahila Police Station, Bharuch for the offences under Sections 498-A, 323, 315, 316,504, 506(2) and 114 etc. of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

(3.) Mr.P.P.Majmudar, learned advocate appearing for the applicant, submits that there is delay of five months in lodging the FIR. He further submits that the applicant is aged about 58 years and is mother in law of the complainant. He further submits that the complainant has not disclosed to the doctor that the applicant had given kick blow in her abdomen. He further submits that in fact, the applicant has not given any kick blow in the abdomen of the complainant. He further submits that the applicant is permanent resident of village Nabipur, District Bharuch and is not likely to abscond and therefore, considering above fact, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.