AMITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I-11195001200534/2020 before Agthala Police Station, District: Banaskantha for the offences under Sections 313, 317, 2020, 203, 114 of the Indian Penal Code.

(2.) Heard Mr. Nair, learned advocate for Mr. Nimesh M. Patel, learned advocate for the applicant and Ms. C.M. Shah, learned APP for the respondent No.1. 2. Mr. Nair, learned advocate for the applicant submits tha the only role attributed to the applicant is of accompanying the vicim to hospital and giving false name. It is his further submission tht co-accused persons are also accompanied the victim alongwith the applicant are released on anticipatory bail by a co-ordinate bench of this Court. Considering the nature of allegation and evidence against the applicant, the present application may be allowed and the applicant may be released on anticipatory bail on appropriate terms and conditions.

(3.) Ms. C.M. Shah, learned APP for the respondent No.1 has opposed the present application. She submits that the role atributed to the applicant is not similar to the role played by the co-accused persons who has been released on anticipatory bail. It is her further submission that the applicant be given incorrect name of the vicim to the hospital authorities. Hence, she submits that the applicant may not be released on anticipatory bail. However, she submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.