MANISHBHAI JAYANTILAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE .Mr.L.B.Dabhi.learned Addl.Public Prosecutor waives service of no -tice of rule for the respondent -State of Gujarat. In the facts and circumstances of the case,this application is being heard and decided today.

(2.) THIS application, under Section 438 of the Code of Criminal Proce -dure,1973, has been filed by the applicant for grant of anticipatory bail in con -nection with FIR, being CR.No.I -1 of 2009, registered at Kapadvanj Town Po -lice Station, for offences punishable under Sections 323, 354, 504, 506(2) and 114, of the Indian Penal Code.

(3.) THE FIR came to be lodged on the basis of a complaint filed by one Jaishreeben Janakrai Joshi. It is stated in the FIR that the daughter of the com -plainant i.e. one Ms.Komalben,eloped with accused No.4 and when the com -plainant and her husband went to look for her, while they were passing by the house of the accused No.l, he and applicant,who is accused No.2, got agitated and came out of the house, and both of them started beating the husband of the complainant with sticks. The accused Nos.3 and 4 also joined the applicant and accused No.l in beating the complainant and her husband.who sustained injury on his head. It is further stated that the accused No.l and accused No.2 also misbehaved with the complainant, put their hands inside her blouse.caught hold of her breasts and tore her blouse. It is further stated that the accused Nos.3 and 4 shouted that the complainant should be dragged into the house and raped. The accused persons also threatened the complainant that acid would be poured upon her. Mr.Hardik A.Dave,learned counsel for the applicant has submitted that :