NIKITA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive regular bail application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I-11191045201979 dtd. 28/10/2020 registered with Sola High Court Police Station for offence punishable under Ss. 302, 201 of the Indian Penal Code and Sec. 135(1) of the Gujarat Police Act. The applicant came to be arrested on 31/10/2020. The charge-sheet came to be filed against the applicant herein for the alleged offence, as referred above, culminating into Sessions Case No.17 of 2021.

(2.) Mr. Asim Pandya, learned Senior Counsel appearing for Mr. Vicky Mehta, learned advocate appearing on behalf of the applicant submits that the present applicant is a female accused and is in jail since 2020 and had delivered a child on 11 .6.2021, who is at present, aged 2 1/2 years. Mr Pandya, the learned Senior Counsel submitted that there are no criminal antecedents against the applicant herein. Mr. Pandya, learned Senior Counsel submitted that the trial is at the stage of framing of charge and, therefore, the trial will take considerable time. Mr. Pandya, the learned Senior Counsel submitted that if the applicant is not released on bail, the son of the applicant, who is at present aged about 2 1/2 years, will be deprived of the love and affection of mother. Mr. Pandya, the learned Senior Counsel submitted that from the evidence of the complainant and eye-witnesses, the role attributed to the applicant does not attract any act of culpable homicide amount to murder and therefore, in view of the evidence which has subsequently come on record, the present application may be allowed. Mr. Pandya, learned Senior Counsel has submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Mr. Pandya undertakes that no undue advantage shall be taken by the applicant and shall comply with all the conditions imposed by this Court.

(3.) Mr. Bhargav Pandya, learned APP appearing on behalf of the respondent-State opposed grant of regular bail looking to the nature and gravity of the offence. Mr. Pandya, the learned APP has placed on record an FIR No. 11191002220576 dtd. 6/10/2022 which is filed against the applicant under Sec. 188 of IPC and Sec. 42, 43, 45(12) of the Prisoner's Act, which is with respect to using of Mobile Phone in the jail premises.