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2011 Supreme(Guj) 334

ANANT S.DAVE
Rakesh Prahladram Joshi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Manish J. Patel, for the Applicants No. 1 – 3.
Mr. S.V. Raju, Sr. Adv., Mr. Samir J. Dave, Nitin M. Amin, for the Intervener
Mr. J.K. Shah, Addl. Public Prosecutor, for the Respondent No. 1.

Judgment

Anant S. Dave, J.—This application under Section 438 of the Code of Criminal Procedure, 1973 (for short “the Code”) is filed by the applicants for seeking anticipatory bail in the event of their arrest for non-bailable offence punishable under Sections 395, 365, 506, 294 (KH) of Indian Penal Code and Section 135(1) of Bombay Police Act.

2. As per the case of the complainant who is studying and also a friend of accused No. 1, on 17.3.2011 called accused No. 1 and Rakesh to settle the dispute amicably at Havmor Restaurant, Nr. Vastrapur Lake, Ahmedabad and accused No. 1 was present along with two other unknown persons in his car and complainant was forcibly asked to sit in the car and the said car was driven and the complainant was beaten by all of them and golden chain and bracelet were snatched away and thereafter the complainant was kicked and beaten and dropped at a distant place.

2.1. In the above backdrop of the allegations the applicants preferred anticipatory bail application before learned Sessions Judge, Ahmedabad Rural on the ground that applicant No. 1 is a Physiotherapist aged around 26 years, applicant Nos. 2 and 3 are studying and version of the complainant is fa



























































































































































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