BINALBEN KAUSHIKBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No. 11215006220072 of 2022 before Borsad City Police Station, District: Anand for the offences under Ss. 447 , 295 , 323 , 504 , 294(b) , 506(2) of the Indian Penal Code and under Sec. 65-A of the Prohibition Act.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent - State.

(3.) Learned advocate for the applicant submits that the applicant is innocent and has not committed any offence. Learned advocate for the applicant also submits that the present applicant filed an FIR for the offence under Sec. 376 of the Indian Penal Code before the Mahila Police Station and another FIR filed for the offence under Sec. 354 of the Indian Penal Code before the Sola Police Station. Learned advocate for the applicant submits that the both the FIRs came to be filed against the cousin brother of the complainant. Learned advocate for the applicant further submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary and the applicant will be available during the course of investigation and will not flee away from the justice. Learned advocate for the applicant submits that in view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for her remand. Learned advocate for the applicant further submits that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.