SARABEN AZIZ SAMEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code' for short), the applicants -original accused have prayed to release them on bail in case of their arrest in connection with the FIR being C.R.No.I -88/2016 registered with Jamnagar City 'B' Division Police Station, Dist. Jamnagar for the offences punishable under Sections 307, 326, 325, 143, 147, 148, 149 of the Indian Penal Code read with Section 135(1) of the Gujarat Police Act.

(2.) Heard learned Advocate Shri Nirav Thakkar for the applicants, learned APP Ms. Monali H. Bhatt for the Respondent -State.

(3.) Learned Advocate Shri Thakkar for the applicants submitted that the applicants are falsely involved in the offences alleged in the FIR and they are not responsible to cause any injury to any injured witness. He has further submitted that co -accused Aminaben who is alleged to have played same role like the applicants has been released on anticipatory bail by the Court below. He submitted that considering the case of the present applicants and nature of the allegations leveled in the FIR, this Court may exercise discretion under section 438 of the Code in favour of the present applicants.