DEVENDRARAY KAMALNATH RAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Ashish Dagli, learned advocate for the applicant and Mr.Pranav Trivedi, learned APP for the opponent State through video conferencing. Rule returnable forthwith. The learned APP waives service of notice of rule for and 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 him on anticipatory bail in the event of his arrest in connection with the First Information Report registered at the Manjalpur Police Station, Vadodara City vide I?CR No.11196003200039 for the offences punishable under Sections 307 and 114 of the Indian Penal Code.

(3.) Mr.Dagli, learned advocate appearing on behalf of the applicants would submit that considering the nature of the offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. He has submitted that victim had gone to the hospital after three hours of the incident and ligature mark upon the neck of the victim. He has also submitted that the FIR has been registered against the victim and his brother also under Section 323 etc. of the IPC . He has submitted that applicants will not jump out the bail if the bail is granted. He has also submitted that if the statement of the witness is considered as it is, medical report is considered as it is then also the statement of eye witnesses not be more than the FIR alleged by the victim himself. The medical certificate may show only the ligature mark upon the victim.