This application is filed by the original complainant under Section 439(2) of the Code of Criminal Procedure, 1973 [for short, 'the Code'], for cancellation of anticipatory bail granted to respondent No.2, Kapil @ Sonu Fakirchand Makhija, by the learned 5th Additional Sessions Judge, Panchmahals at Godhra, vide order dated 19.3.2012 in Criminal Misc. Application No.140 of 2012, in connection with first information report registered at C.R.No.I-213 of 2011, with Halol police station for the offences punishable under Sections 342, 365 and 395 of the Indian Penal Code.
Having heard the learned counsel for the applicant-original complainant and on perusal of the record, in my view, there is no glaring illegality committed by the trial court while enlarging the accused on anticipatory bail. The trial court has rightly considered ratio laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565. Hence, no case is made out to entertain this application for cancellation of anticipatory bail. This application is rejected. Notice is discharged.