ANSUYABEN MOHANBHAI TERAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicants submits that the matrimonial life of the deceased is of 15 years, there are general and vague allegations in the FIR and no specific role regarding instigation or abetment is mentioned which can show the proximity of the death of the deceased. Learned advocate for the applicants on instructions also states that the applicants are ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicants- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.