REKHABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - original accused has prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R No. 11196003220665 of 2022 before Manjalpur Police Station, District: Vadodara City for the offences under Ss. 506 and 114 etc. of the Indian Penal Code .

(2.) Heard Mr.Bharda, learned advocate for the applicants and Mr.Dave, learned Additional Public Prosecutor for the respondent - State.

(3.) Mr.Bharda, learned advocate for the applicants submits that applicant no.1 is the wife of the deceased and applicant no.2 is the brother of applicant no.1. He submits that the applicants are innocent and does not have any criminal antecedents and, therefore, they may be enlarged on bail. He submits that the applicants are falsely implicated in the alleged offence and the nature of allegations are such for which custodial interrogation at this stage is not necessary. He submits that the applicants will be available during the course of investigation and will not flee away from the justice and in view of the above, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicants on instructions states that the applicants are 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 their remand. He further submits that upon filing of such application by the Investigating Agency, the right of applicants to oppose such application on merits may be kept open.