CHHAYABEN JAYESHBHAI DANGAR 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 appellant has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No.11214023200060 of 2020 before Kadodara Police Station, District : Surat (Rural) for the offences under Sections 143 , 147 , 323 , 504 , 506(2) of the Indian Penal Code and Sections 3(1)(R)(S)(Z) , 3(2) and 5(A) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 2016.

(3.) Mr. Rushabh Shah, learned advocate for the appellant submits that co-accused persons except Jayeshkumar Raghubhai Danger, who is the husband of the appellant, are released on regular bail by the concerned Special Court. The Coordinate Bench of this Court, by order dated 27.07.2020 passed in Criminal Appeal No. 379 of 2020, has released Jayeshkumar Raghubhai Danger on anticipatory bail. He submits that the allegations against the husband of the appellant is giving stick blow on the abdomen whereas the allegation against present appellant is pulling the hearing of respondent - complainant. Mr. Shah, learned advocate, by taking me through the Para - 5 of the order dated 27.07.2020 passed in Criminal Appeal No. 379 of 2020 by the Coordinate Bench, further submits that numerous complaints have been filed against the respondent No. 2 for illegal activities of selling liquor in the area and therefore, looking to the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the appellant is available during the course of investigation and will not flee away from the justice. In view of the above, the appellant may be enlarged on anticipatory bail by imposing suitable conditions.