REKHABEN DHARAMSHIBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-11993005200314/2020 registered with Adesar Police Station, District: Kutch-Gandhidham (East) for the offences under Sections 302, 1443, 144, 147, 148, 149, 341, 384, 120(B) and 506(2) of the Indian Penal Code, Section 25(1-b)A, 27 and 29 of Arms Act as well as under Section 135 of G.P. Act.

(2.) I have heard Mr. Premal S. Rachh, learned advocate for the applicant, Ms. C.M. Shah, learned APP for the respondent No.1 and Mr. Kirtidev Dave, learned advocate for defacto complainant.

(3.) Mr. Rachh, learned advocate for the applicant submits that the chargesheet has already been filed against the accused persons including the applicant. He further submits that the applicant has not played in overt-act as she was not present when the incident had happened. He further submits that the applicant had come at the scene after the incident was over. He further submits that a cross FIR in respect of the same incident is filed against the complainant party. He further submits that there is allegation against the applicant of instigation only. He submits that the applicant is a lady having years old son. He, therefore, submits that the applicant may be released on regular bail by imposing appropriate terms and conditions.