MAHESHBHAI JAMABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicants under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of their arrest in connection with FIR registered at C.R.No.11191039220865 of 2022 before Sabarmati Police Station, Ahmedabad City for the offence under Ss. 306 and 114 of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicants would submit that the applicants are innocent and falsely implicated in the alleged offence. He submitted that on bare perusal of the FIR, nowhere it is mentioned which type of harassment was made by the present applicants to the deceased. He submitted that the allegations levelled against the present applicants are general in nature and it does not disclose the commission of the alleged offence. He further submitted that the applicants had personally remained present before the concerned Investigating Officer as directed by the Co-ordinate Bench of this Court vide order dtd. 13/10/2022 and their statements are also recorded. He, therefore, submitted that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, the learned APP appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicants looking to the nature and gravity of the offence.