BHAGWATIBEN KANUBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of her arrest in connection with FIR registered at C.R.No.11191019220339 of 2022 before Vatva G.I.D.C. Police Station, Ahmedabad for the offence under Ss. 324 , 307, 143, 147, 148, 149, 326, 120B, etc. of the Indian Penal Code and Sec. 135(1) of the G.P. Act.

(2.) Learned Senior Counsel appearing on behalf of the applicant would submit that the applicant is innocent and falsely implicated in the alleged offence. He submitted that the FIR does not disclose any offence as enumerated in the FIR against the present applicant. He submitted that the applicant is not named in the FIR and neither the applicant is connected in any manner for inflicting any injury. He also submitted that the applicant is the wife of the complainant having responsibility of two children. He further submitted that nowhere in the FIR it has been stated that the present applicant has inflicted the injury upon the complainant. He submitted that whatever was to be recovered or discovered has been recovered or discovered from the main accused. He further submitted that the applicant had personally remained present before the concerned Investigating Officer as directed by the Co-ordinate Bench of this Court vide order dtd. 20/9/2022 and her statement is also recorded. He, therefore, submitted that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, the learned Senior Counsel appearing for the original complainant has vehemently opposed this application and submitted that looking to the seriousness of the offence, the present applicant may not be enlarged on anticipatory bail.