ALKABEN MERABHAI GELOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State and learned Advocate Mr. Dipen Chowdhary waives service of notice of Rule on behalf of the respondents No.2 to 11.

(2.) By way of this application, the applicant - victim has made a prayer for cancellation of anticipatory bail granted to the respondents No.2 to 11 on 21/3/2024 by the learned 3rd Additional Sessions Judge, Banaskantha-Deodar in Criminal Miscellaneous No.72 of 2024 qua the First Information Report (FIR) registered on 13/2/2024 as C.R. No.11195050240083 with Tharad Police Station, Banaskantha for the offences punishable under Ss. 365, 366, 342, 343, 354(A), 323, 506(2) and 114 of the Indian Penal Code (IPC).

(3.) Learned Advocate for the applicant Mr. V.C. Vaghela submitted that the learned Sessions Judge has failed to consider the gravity of the offence and arbitrarily and without any application of mind has granted anticipatory bail on the grounds that the Sec. invoked in the FIR does not provide for life imprisonment and death sentence and the maximum sentence which can be imposed is 10 years. It is further that this consideration cannot be basis for granting anticipatory bail where the facts of the case suggest that custodial interrogation would be necessary. The applicant-victim and her husband were continuously tortured and harassed by the accused and there is danger to the life and liberty of the applicant. It is also submitted that the applicant has given the details of the tortures and physical harassment meted at the hands of the accused individually.