LAWS(GJH)-2021-4-226

PATEL ASHVINKUMAR AMBARAMBHAI Vs. STATE OF GUJARAT

Decided On April 23, 2021
Patel Ashvinkumar Ambarambhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Ms. Monail Bhatt, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being FIR No. 11195024200711 of 2020 registered with Gadh Police Station, District Banaskantha for the offences punishable under sections 366, 376(2)(n), 344, 294(b), 506(2), 114 of the Indian Penal Code.

(3.) Learned advocate for the applicants submitted that the FIR is dated 28.10.2020 and the marriage of the present Applicant with Komalben was registered on 19.8.2020 and the statement of Komalben, dated 4.10.2020 before the Vaghdod Police Station, would not have any bearing since the relationship between the parties were of husband and wife and any such dispute would be a matrimonial dispute. It was, therefore, prayed that discretion may be granted in favour of the applicant.