MARIYAMBEN ANVARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent- State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR being C.R.No.I- 140 of 2019 registered with City B Division Police Station, Jamnagar for the offences punishable under section 306 , 114 , etc. of the Indian Penal Code .

(3.) Mr.Rachh, learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for her remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.