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Guj HC | Various aspects like age, gender and dependants taken into consideration while granting anticipatory bail 

Gujarat High Court: The Bench of  Vipul M. Pancholi, J., allowed the application made for granting an anticipatory bail on the grounds that the applicant was a lady, she was a doctor having two minor children and had cooperated with the investigating officer. 

The facts of the case are that the applicant was booked for the offenses punishable under Sections 419, 420, 423, 465, 467, 468, 470, 471, 474, 477-A, 120-B of the Indian Penal Code for which this application was filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The counsel for applicant argued that the nature of allegations were such for which custodial interrogation at that stage was not necessary. Additional Public Prosecutor appearing on behalf of the respondent – State opposed grant of anticipatory bail by emphasizing on the gravity of the offence.

The Court allowed the application on the ground that the applicant was a lady; she was a Doctor having two minor children and had cooperated with the investigating officer thus granting her anticipatory bail. [Varsha Madhukar Wagh v. State of Gujarat, 2019 SCC OnLine Guj 127, decided on 22-01-2019]

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