AVNIBEN DHARMESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed seeking cancellation and setting aside the order of bail granted under Sec. 438 of the Code of Criminal Procedure, 1973 (for short " Cr.P.C .") by this Court vide order dtd. 16/12/2014 in Criminal Misc. Application No.19063 of 2014 in favour of the respondent No.2 - husband of the applicant, alleging that the respondent accused has breached the conditions imposed by this Court by administering threats to the victim / complainant.

(2.) Learned advocate Mr.Ahuja, appearing for the applicant has submitted that the respondent No.2 has misused his liberty granted by this Court vide order dtd. 16/12/2014, in which, the respondent has violated the condition Nos.(c) and (d). He has submitted that the respondent No.2 - accused was not supposed to enter in the jurisdiction of Navrangpura Police Station, however, he had come to meet his two minor children viz., Aastha and Kathit and, the respondent No.2 had also threatened the present applicant. Further, it is submitted that as there is violation of condition No.(d) also, since the respondent No.2 had threatened the applicant, and hence, an FIR was registered on 18/3/2015 under the provisions of Sec. 507 of the Indian Penal Code being CR-I No.3041 of 2015 before the Navrangpura Police Station. Learned advocate Mr.Ahuja, has further submitted that another FIR being CR-I No.166 of 2016 has been registered at Navrangpura Police Station in respect to the offence punishable under Ss. 420 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code and, hence, the anticipatory bail, which was granted by this Court may be cancelled.

(3.) Learned advocate Mr.Hriday Buch, appearing for the respondent No.2 accused has submitted that there is no violation of conditions as mentioned in the application. He has submitted that so far as the offence for violation of the first condition i.e. Condition No.(c) is concerned, learned advocate has submitted that an FIR being CR-I No.166 of 2016 is concerned, the offence pertains to the year 2013-2014, which is prior to the grant of anticipatory bail by this Court and in those proceedings, since the respondent No.2 - accused wanted to settle the dispute and being a father of the minor children - Aastha and Kathit, he intended to meet their minor children and went to the house of the applicant. Thus, he has submitted that such an allegation, even if it assumed, is correct, cannot be termed as a grave violation in order to cancel the anticipatory bail of the applicant. He has submitted that so far as the offence registered under the provision of Sec. 507 of the IPC, is concerned, the same is registered with Navrangpura Police Station being CR-I No.3041 of 2015, and the respondent is arraigned as an accused along with two other persons and it is alleged that he has sent those two accused to threaten the present applicant. Learned advocate Mr.Buch, has submitted that the respondent has been released on bail in all the offences. Thus, it is submitted that after the respondent was released on regular bail by the Trial Court for the offences under Sec. 465 , 466 and 467 , on 13/1/2015, the present FIR was registered for cancelling the bail within a short period. It is submitted that there are series of dispute going between the respondent No.2 and the present applicant. Learned advocate Mr.Buch has further submitted that the trial is already in progress and three witnesses are examined and thereafter, no FIR is registered against the respondent No.2, except which are narrated hereinabove.