SHANTABEN PRABHUGIRI ATIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicants and learned APP for the respondent- State by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in case of their arrest in connection with C.R.No.11195050200128 registered with Tharad Police Station, District Banaskantha for the offences punishable under Sections 328 , 384 , 323 , 498A , 506(2) and 114 of the IPC and under Sections 3 and 7 of the Dowry Prohibition Act.

(3.) Learned advocate for the applicants submit that this Court vide order dated 17.03.2020 had already granted protection to the applicant Nos.1 and 2 i.e. ladies named in the FIR. The present application has been filed by four applicants seeking participatory bail. It is further submitted that even as per the allegations made in the FIR, the husband i.e. applicant No.3 had administered poison while the other three applicants were holding the wife - complainant. It is further submitted that as per the medical report, the complainant herself declined to take any treatment at the private hospital where she was taken upon her declaration to the in-laws of consumption of poison, but when the doctor started examining her, she left the hospital without any treatment. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open. In view of the above, the applicants may be granted anticipatory bail.