ANADABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure, 1973 by the applicant - original complainant for cancellation of anticipatory bail granted to the respondents - original accused by the learned 7 th Additional Sessions Judge, Banaskantha at Palanpur, vide order dtd. 10/7/2019 passed in Criminal Misc. Application No.568 of 2019 for the offence punishable under Ss. 306, 498A, 114 etc of the Indian Penal Code in connection with the offence registered being C.R. No.I - 35 of 2019 before Danta Police Station, Banaskantha.

(2.) Heard Mr.Prakash G. Pandya, the learned counsel appearing for the applicant, Ms. Maithili D. Mehta, the learned APP for the respondent No.1 - State of Gujarat and Ms.Dilbur Contractor, the learned Counsel for the respondent Nos.2 and 3 - original accused.

(3.) Mr.Prakash Pandya, the learned advocate for the applicant submitted that the impugned order is ex facie illegal and arbitrary and that the same is passed without appreciating the facts and circumstances of the case. He further submitted that the respondents accused are involved in another prohibition offence and they are having criminal history and antecedents also and therefore, the learned Trial Court has passed the impugned order without considering the relevant facts and material. He therefore, urges before the Court that the application may be allowed and the bail granted to the respondents accused may be cancelled.