RANABHAI ARJANBHAI MADHAVI Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-111
HIGH COURT OF GUJARAT
Decided on February 08,2021

Ranabhai Arjanbhai Madhavi Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA AND ORS. [REFERRED TO]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED TO]


JUDGEMENT

Rajendra M. Sareen, J. - (1.)Learned advocate for the applicants seeks permission to withdraw present application qua applicant no.2. Permission is granted. The present application stands dismissed as withdrawn qua applicant no.2. Rule is discharged qua applicant no.2.
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant no.1 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11205043203038 of 2020 before 'B' Division Police Station, Bhuj, District: Kachchh - West Bhuj for the offences punishable under sections 323, 324, 326, 294(b), 143, 147, 148, 149 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.)Learned advocate for the applicant no.1 submits that the scuffle had taken place between the parties all of a sudden because the complainant was not going to her parental home and therefore, the accused had come to take her. It is further submitted that considering the nature of allegations, role attributed to the applicant no.1, the applicant no.1 may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant no.1 on instructions states that the applicant no.1 is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. It is further submitted that upon filing such application by the investigating agency, the right of the applicant no.1 to oppose such application on merits may be kept open.
(3.)Learned Additional Public Prosecutor appearing on behalf of the respondent-State and Mr. Kuldeep J. Mehta, learned advocate appearing on behalf of the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence.


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