MUKESHBHAI LALUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Nisha Thakor, 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 I-C.R. No. 11199004210420 of 2021 registered with Ankleshwar Police Station, Bharuch, for the offences punishable under sections 392, 323, 504, 506(2) and 114 of the Indian Penal Code.

(3.) Learned advocate for the applicant, Mr. Bharda, submitted that the present complaint is nothing, but, a counterblast to the FIR already filed by the sister of the present petitioner against the husband of the complainant, herein, where, it is alleged that the husband of the present complainant tried to run over the sister of the petitioner with his bullet motorcycle. The aforesaid FIR, culminated into the filing of the chargesheet, which was numbered as Criminal Case No. 2931 of 2018, where, on recording of the evidence and testimonies of the witnesses, the 2nd Addl. CJM, Ankleshwar, convicted him for the offence punishable under Section 323 of the IPC. Learned Advocate, Mr. Bharda, relied on the order passed by the learned 6th Addl. Sessions Judge, Ankleshwar, in Misc. Criminal Application No. 229 of 2021, Dated: 03.04.2021, whereby, two of the co-accused, against whom there are similar allegations, have been granted anticipatory bail. He, further, urged that, so far as the criminal antecedent alleged against the present applicant is concerned, the same has resulted into acquittal. It was, therefore, prayed that the discretion may be granted in favour of the applicant.