SHAKUNTALABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11823004231271/2023 registered with the Dediyapada Police Station, Narmada for the offence punishable under Ss. 143, 147, 148, 149, 186, 189, 332, 353, 386, 294(b), 506(2) and 34 of the Indian Penal Code and under Sec. 25(1)(a) of the Arms Act

(2.) Heard learned advocate, Mr. Y.H. Motiramani for the applicant and learned APP Mr. Manan Mehta for the respondent ' State of Gujarat.

(3.) Learned advocate for the applicant submitted that the so-called incident has occurred in the evening of 30/10/2023, for which, FIR has been lodged on 2/11/2023 and in connection with the same, the applicant has been arrested on 3/11/2023 and since then, she is in judicial custody. It is submitted that the applicant is a lady accused and is not involved in the alleged commission of offence and she has been wrongly arraigned as accused in the aforesaid offence. Learned advocate submitted that there is delay of two days in lodging the FIR, however, no explanation was given by the complainant, which suggests that the applicant has been wrongly arraigned as accused and the applicant is being victimized. It is submitted that the applicant is a housewife and no specific allegations have been levelled against her, except, her presence at the time of commission of crime. Learned advocate submitted that the applicant has not actively participated in the commission of crime and during the course of investigation, the concerned Investigating Officer has recorded the statements of the witnesses and there is no recovery or discovery pending. It is further submitted that the role of the present applicant is clearly mentioned in the FIR but subsequently during the course of investigation, there was improvement in the versions and statements of the witnesses. It is submitted that the applicant has used firearms in the present offence. It is submitted that the FIR is politically motivated as the husband of the applicant is an elected Member of Aam Aadmi Party.