JITENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, the applicant - original informant, of the FIR being CR No. 11215002200153 of 2020 registered with Anand Town Police Station, for the offences punishable under Ss. 306, 498A, 323 and 114 of Indian Penal Code, is seeking cancellation of Anticipatory bail granted by the Additional Sessions Court at Anand.

(2.) The facts and circumstances giving rise to file present application are that, the anticipatory bail was granted to respondent no. 2 - Rajesh Makwana on 5/3/2020 by an Additional Sessions Judge, Anand. The original informant father of the deceased lodged an FIR before the Anand Town Police Station, inter-alia stating that, his daughter married to second respondent on 25/2/2013 and during her life time, she was subjected to mental and physical harassment by her husband - second respondent. It is alleged that, the husband second respondent doubted her character. In such circumstances, the harassment meted out to her was unbearable, as a result, she ended her life by hanging herself at her matrimonial home. The incident of suicide happened on 16/2/2020 and FIR came to be filed on 18/2/2020. Pursuant to the registration of the FIR, the second respondent on 28/2/2020 filed an application under Sec. 438 of the Cr.P.C and accordingly, Additional Sessions Court, after hearing the parties, vide its order dtd. 5/3/2020, granted anticipatory bail to the second respondent.

(3.) Being aggrieved with the order, the original informant - petitioner herein preferred this application, for setting aside the order of the anticipatory bail, stating inter-alia that, the Sessions Court by improper and arbitrary exercise of the discretion, has granted the bail and ignored the parameters of grant of anticipatory bail, as the offence is serious one and considering the allegations made in the FIR, prima- facie case is made out and this aspect has been overlooked by the Court while granting the bail.