MEHULABEN BHARGAVBHAI DUDHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 the FIR registered as C.R. No.11186001200583 of 2020 before Girgadhda Police Station, District: Gir Somnath for the offences under Sections 376, 376(2) (n), 452, 504, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicants submits that the applicants have been falsely implicated in the alleged offence and the applicant No.1 was the mediator who has introduced accused No.1 with the victim and the applicant No.2 was an abetter who has kept a watch over the house of the victim. It is further submitted that except this there is no allegations against the present applicants in the commission of the alleged offence and there are no criminal antecedents. It is also submitted that the the applicant No.1 is a lady accused and they are local residence and will be readily available for investigation and will co-operate with the investigation as and when required. It is also submitted that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor Mr.J.K.Shah appearing on behalf of the respondent-State and Mr. Amit R.Joshi, learned advocate appearing on behalf of the original complainant have vehemently opposed grant of anticipatory bail looking to the nature and gravity of the offence.