DEVKUMAR PARAVINBHAI GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused No.3 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I- 11196001200008 on 24.1.2020 before Mahila Police Station, Vadodara for the offences under Sections 498(A) , 323 , 504 , 506(2) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

(2.) Learned advocate for the applicant submits that the other co- accused similarly situated have already been released on anticipatory bail by this Court therefore, parity would be applicable in case of present applicant. He further submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant is available during the course of investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Considering overall facts, it is submitted that the applicant may be relased on anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. Learned advocate for the applicant would further submit that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.