MANISHSHANKAR VINODSHANKAR GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for enlarging the applicants on anticipatory bail in the event of their arrest in connection with the FIR being C.R.No.11191008201247 of 2020 registered with Chandkheda Police Station, Gandhinagar for the offence punishable under Sections 498A, 307, 506(2) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

(2.) Heard learned advocate Mr. Ashish B. Desai for the applicants, learned APP Mr. L.B.Dabhi for respondent No.1 - State and learned advocate Mr. B. J. Priyadarshi for respondent No.2.

(3.) Learned advocate for the applicants has referred to the allegations made against the applicants in the FIR in question and thereafter contended that general allegations are levelled against all the applicants. It is further submitted that the FIR in question is filed with mala fide intention. In support of the said contention, learned advocate has referred to the documents which are placed on record including the WhatsApp chats and the photographs. Learned advocate has also referred the photographs, copy of which is placed on record at page 73 and thereafter contended that the said photograph was taken prior to two days of the alleged incident of 03.12.2020. It is further submitted that the complainant was though admitted in the hospital, discharged within a period of 24 hours. It is, therefore, urged that when the FIR in question is filed with mala fide intention, the applicants be enlarged on anticipatory bail.