ASHIYAKHATUN MAHAMAD BASIR ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I47/ 2018 registered with Valsad Rural Police Station, Valsad for the offences punishable under Sections 323, 325, 326(B) and 114 of the India Penal Code.

(2.) Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is innocent person, however, she has been falsely implicated in the alleged offences. It is further submitted that considering that the applicant is a lady accused aged about 67 years, the applicant may be enlarged on bail. It is further submitted that from the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is not having any criminal antecedent and she is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Valsad and having responsibility to look after his family, and therefore, she is not likely to run away or abscond and her presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, she may be enlarged on regular bail by imposing suitable conditions.