MAHESHBHAI RAMSUNGBHAI JOSHI Vs. STATEOF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the applicants, learned Public Prosecutor for the respondent-State learned advocates for the complainant by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in case of his arrest in connection with C.R.No. 11195051200073 of 2020 registered with Thara Police Station, District Banaskantha for the offences punishable under Sections 307 , 325 , 147 , 148 , 149 , 323 , 294(b) , 506(2) of the IPC and under Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicants submit that this is a case of cross version where there are injured on both sides and cross-cases have been registered. It is further submitted that three co-accused have already been granted anticipatory bail by the trial court. Learned advocate for the applicants appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. Learned advocate for the applicants on instructions states that the applicants are 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. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.