SWETA 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 bail granted to the respondents - original accused by the learned Additional Sessions Judge, City Civil Court No.27, Ahmedabad vide order dtd. 21/9/2020 passed in Criminal Misc. Application No. 5345 of 2020 for the offence punishable under Ss. 498A , 323 , 406 , 294B , 114 , etc. of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act in connection with the offence registered being C.R. No.I - 11191030200027 of 2020 before Mahila Police Station (West), Ahmedabad.

(2.) Heard Mr.M.G. Nagarkar, the learned counsel appearing for the applicant - original complainant, Mr. Tirthraj Pandya, the learned APP for the respondent - State of Gujarat and Mr. Hardik Dave, the learned Counsel for the respondents - accused.

(3.) Mr.Nagarkar, 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 therefore, urges before the Court that the application may be allowed and the anticipatory bail granted to the respondents accused may be cancelled.