VAHIDABE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Section 439 of the Code of Criminal Procedure, 1973 is filed for the purpose of seeking release on regular bail in connection with the F.I.R. which was registered as C. R. No. I - 236 of 2018 before Ajidam Police Station, Rajkot for offence under Sections 498A,B,C,D, 114 and 120B of the Indian Penal Code.

(2.) This application has been submitted in view of order dated 13.07.2020 passed by this Court in Criminal Misc. Application No. 9083 of 2020 wherein a liberty was granted to apply for bail in case the trial of the main case is not commenced within a reasonable period of six months. The said order is reflecting on page 38.

(3.) Learned advocate Mr. Nilay Thaker appearing on behalf of the applicant has submitted that considering the nature of allegations which are levelled against the applicant and in view of fact that the trial is not likely to be over within reasonable time as the same has not commenced at all, the case of the applicant for release be considered. It has been submitted that almost on similar role, the coordinate bench has entertained the application of the co-accused and released her on bail vide order dated 08.08.2019 passed in Criminal Misc. Application No.8472 of 2019 and thereby, has requested that in view of principle of parity as well, the applicant's case now be considered since the charge- sheet has already been submitted and there is no likelihood of completion of trial within near future. It has been submitted that the applicant being a lady accused is languishing in jail right from 27.10.2018 and as such, at this stage, the case be considered by imposing appropriate conditions which may protect the interest of the prosecution as well. It has further been submitted after referring to relevant papers of the charge-sheet that the roles of the present applicant and another lady accused are almost similar. It is only the house belonging to the applicant from where the offence is stated to have been committed, otherwise the role is substantially similar. Apart from that, learned advocate Mr. Thaker has submitted that the applicant is ready and willing to abide by any condition which may be imposed by the Court while releasing the applicant on bail and under the instructions, he has also stated that the applicant would like to invite a condition to remain outside Rajkot City till the trial is commenced or at least for a period of three months from now and as such, considering these submissions and in view of the fact that the applicant is a lady accused, the request be considered.