ASIF ISMAIL AGWAN 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 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being Part-A C.R.No.11214020201278 of 2020 registered with Kamrej Police Station, District:Surat Rural for the offences under Sections 323, 324, 394, 504, 506 (2), 143, 147, 148 and 149 of IPC and under Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submitted that co-accused of the applicant is already released on bail by this Court. 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.

(3.) 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.