LAXMIBEN KAVAJI TEJOT 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.11209055220100 of 2022 before Vijaynagar Police Station, Sabarkantha for the offence under Ss. 457, 380 and 114 of the Indian Penal Code.

(2.) Learned advocate 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 is filed three days after the date of incident and there is no explanation with regard to delay in the FIR. He further submitted that the allegations made by the original complainant are not supported by any material and evidence. He also submitted that the original complainant was not the eye-witness and she was not present at the time of alleged incident. 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. 29/3/2022 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 Additional Public Prosecutor appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence.