(1.) The appellant-accused has filed this Criminal Misc. Application under Section 438 of the Criminal Procedure Code, 1973, claiming relief in terms of Para 16(A) as under:
(2.) Rule. Mr. H.K. Patel, Learned APP waives service of Rule on behalf of the Respondent State. Arguments for the applicant:
(3.) Mr. Punam Gadhvi, learned advocate for the applicant submitted that no specific allegation against the present applicant. The applicant will be available during the course of investigation and will not flee from justice. That the present applicant was not residing with the complainant.