ASMITABA SAHADEVSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 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 being C.R.No.II- 15 of 2013 registered with Bhanvad Police Station, Jamnagar for the offences punishable under Sections 306, 498-A and 114 of the Indian Penal Code.

(2.) LEARNED advocate for the applicant submits that the applicant is the sister-in-law married and stayed at Jamnagar and has no occasion, as such, to visit the village situated in Taluka : Bhanvad at Jamnagar, in which, deceased used to reside with her husband. It is further submitted that barring the above, allegations are of general in nature about causing mental and physical harassment, nothing surfaces on record. It is also submitted that the applicant is available for investigation, has no criminal antecedents and not likely to flee from the course of justice and considering the above aspects, the applicant may be granted anticipatory bail by imposing suitable conditions.

(3.) HAVING heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980)2 SCC 565.