Vidhyaben Mukeshbhai Nayi VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

J. C. DOSHI
Vidhyaben Mukeshbhai Nayi – Appellant
Versus
State of Gujarat – Respondent

Counsel for the Parties:
For the Appellant:Himanish J. Japee, Advocate
For the Respondents:Hardik H. Dave and A.V. Patlel, Advocates

ORDER

Rule. Learned APP waives service of rule for Respondent No.1-State and learned Advocate, Mr. Dave, waives for Respondent No.2-original accused.

By way of this application, filed under Section 439(2) of the Code of Criminal Procedure, 1973 (in brief, ‘the Code’), the applicant-first informant seeks to assail the order dated 26.06.2023, passed in Cr. M.A. No. 855 of 2023, by the learned 3rd Additional Sessions Judge, Gandhinagar, granting anticipatory bail to the respondent-original accused No. 1 in connection with the offence registered with the Chandkheda Police Station, District Ahmedabad City, being CR No. 11191-008230406 of 2023 for the offences punishable under Sections 323, 294(b), 506(1) and 114 of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brief the ‘Act of 1989’).

2. Learned Advocate for the applicant would submit that learned trial Court has not taken into consideration the offence under the provisions of the Act of 1989, while granting bail to the respondent-accused. He would further submit that the trial Court granted bail, only on the ground that Respondent No. 2-