- (1.)RULE . Mr K P Rawal, learned APP waives service of notice of Rule on behalf of respondent No.1. Mr Harnish V Darji, learned Advocate waives service of notice of Rule on behalf of respondents No.2 and 3.
Learned Advocate for the applicant has submitted xerox copies of the documents prepared by the Investigating machinery vide pages No.1 to 87. Office is directed to take the same on record.

(2.)BEING aggrieved and dissatisfied with the order passed below Exh.12 dated 28.6.2011 by the learned Addl.Sessions Judge, Ahmedabad (Rural) in Criminal Misc.Application No.964 of 2011 whereby the respondents -original accused No.2 and 4 were granted anticipatory bail in connection with offences punishable under sections 307 read with sections 294(kh), 323, 114 of the Indian Penal Code and section 135 (1) of the Bombay Police Act, the applicant has filed this Misc. Criminal Application for cancellation of the anticipatory bail granted to the respondents -accused under section 439 (2) of the Code of Criminal Procedure, 1973.
(3.)THE facts of the case in brief are that the applicant, Dimpleben Purushottambhai Patel, original complainant has lodged the compliant being CR No.I -38 of 2011 registered at Sola Police Station on 11.2.2011 for the offences which occurred on 24.2.2010 around 9.30 a.m. in the morning but as the applicant/original complainant, due to the injury sustained in the accident, went in coma recovered gradually and as per the medical report, she regained her memory on 2.2.2011 and thereafter she informed her parents about the actual incident occurred on 24.2.2010 and how she sustained injury. Thereafter the FIR was registered on 11.2.2011 at Sola police station for the offences punishable under section 307 read with section 294 (kh), 323, 114 of IPC and section 135 (1) of the Bombay Police Act.
It is the case of the prosecution that the applicant Dimpleben residing at Kalol came for her study of MBA in the Institute named Sikkim Manipal College, situated near Hotel Fortune Landmark, Usmanpura and she was pursuing her last semester of MBA. She was commuting daily between Kalol and Usmanpura for attending the college and the mode of transport was two wheeler - scooty bearing No.GJ -18 -Q -2696. On 4.2.2010, she came to her elder sister Manishaben's place who is residing at Pushpraj Flat, Chanakyapuri area, Sayona City, Ahmedabad. The college timings of Dimpleben were 8.am to 12.00 hrs. The applicant states that on 24.2.2010, she went to the College on regular time but as examinations were approaching, she came back early after taking important questions i.e. around 9.30 am. While she was passing from Chandlodiya Railway Station Road, she saw one Scorpio car stationed near the Railway Station and when she passed near the Scorpio car, she saw four persons were sitting in the said scorpio car was chasing her and being frightened she tried to raise the speed of the scooty but unfortunately due to some technical fault, the scooty stopped near the railway crossing and therefore, Dimpleben dropped the scooty there and thought of crossing the railway track where she found a big wall and there was a gap also on the wall through which she tried to run away to cross the railway tracks but the car which was chasing her had also stopped and the four persons came out from the car and caught her and assaulted her with blunt iron weapons on her head. She fell down due to injury and went in coma for the period mentioned in the medical certificate issued by different hospitals and she could regain her memory in the month of February 2011. Thereafter the FIR was registered against the accused persons on 11.2.2011 wherein she had specifically given names and the role attributed to each accused persons as all the accused persons were known to her.

4.1. The applicant states that after the occurrence of the incident on 24.2.2010, 108 Ambulance service was called and she was taken to Laxmi Hospital near Wadaj. From there they have taken Dimpleben to different hospitals and she was discharged on 2.4.2010. As on today she is given treatment of physiotherapy as advised by the Doctors. During the treatment improvement was found but she did not get her memory power. But in January, 2011 onwards her memory power was gradually improving. Police records show that the Investigating Officer has recorded the incident just like statement on 26.7.2010 narrating the incident and the said statement is signed by the applicant in October 2010 as if the statement is given by Dimpleben. However, the applicant is denying that she has given any such statement before the Investigating Officer nor she has signed the statement. According to the applicant, the signature is not of Dimpleben and there appears to be some manipulation in the investigation.