JANAK L.DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the victim under Sec. 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) for quashing and setting aside the order dtd. 9/9/2021 passed by the concerned Sessions Court whereby respondent No.2 - accused has been enlarged on anticipatory bail.

(2.) Heard Ms.Bhoomi M. Thakore, learned advocate for the applicant and Ms.Moxa Thakkar, learned Additional Public Prosecutor.

(3.) Learned advocate for the applicant has mainly contended that the FIR being C.R. No.112160022210469 of 2021 registered with Kalol Taluka Police Station against respondent No.2 - accused and others for the alleged offences punishable under Ss. 304 , 337 , 308 , 195 , 196 and 120B of the Indian Penal Code and under Sec. 9C of the Explosives Act, 1884. Learned advocate for the applicant, after referring the allegations levelled against the respondent accused in the FIR, contended that the accused have committed serious offence and in the incident in question, three persons have lost their lives and, therefore, looking to the seriousness of the matter, the Sessions Court ought not to have enlarged the respondent accused on anticipatory bail. Learned advocate has also referred the impugned order passed by the Sessions Court and submitted that the Sessions Court has not assigned any reason for enlarging the respondent accused on anticipatory bail. It is, therefore, urged that the impugned order passed by the Sessions Court be quashed and set aside and, thereby, anticipatory bail granted to the respondent accused be cancelled.