NARESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondentState.

(2.) Learned advocate for the applicant submits that there is no antecedent against the present applicant and he has verified the correctness of the issue. He further submits that in the affidavit filed by the Investigating Officer before the learned Sessions Court, it is stated that one offence has been registered against the present applicant under the Prohibition Act but in fact, it was not against the present applicant, but against one Mr.Dinesh Chandubhai. Learned advocate for the applicant 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.

(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.