JAHIR HASAN TAILOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing C.R.No.11210012200621 of 2020 registered with Chowkbazaar Police Station, Surat city for the alleged offences punishable under Sections 332 , 504 , 114 and 506(2) of the Indian Penal Code and Section 3 of the Epidemic Act, 1897.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.Zubin Bharda, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the prosecution. In fact, no such offence is committed by the applicant and on the contrary, the incident which is occurred is the reflection of atrocious act of the Police Sub Inspector. The manner in which the incident took place as narrated is the exaggeration of the version of police. In fact, the complainant caught-hold the keys of motorbike on which the applicant was travelling and took it out even though the motor bike was in motion which resulted into accused no.2 and the applicant falling down as accused No.2 lost his balance. Learned advocate has submitted that the applicant is obedient citizen and as such, despite aforesaid act on the part of police officer, no overtact is done by him and in fact, as a law abiding citizen wanted to lodge the complaint which was not registered and as such, had to approach this Court by way of SCR.A No.6431 of 2016 which came to be disposed of vide order dated 6.9.2016. As a counter blast, the applicant has been falsely roped into the prosecution. Learned advocate has submitted that the applicant had also filed a petition being CR.MA No.7953 of 2020 for seeking quashment of FIR which in part has been quashed by the court insofar as it relates to offence under Sections 186 and 188 of the IPC is concerned. But since the applicant is apprehending his arrest in connection with other offences of this very FIR which is dealt with by the Coordinate Bench of this court, has approached the court below by way of filing anticipatory bail application being CR.MA No.3238 of 2020 before the learned District and Sessions Judge, Surat. The said application came to be dismissed vide order dated 14.7.2020, the applicant has approached this Court by way of present application by raising multiple grounds in the petition and a request is made that considering the law laid down by the Apex Court which is reported in 2011 (1) GLH 11, since the applicant is not likely to misuse the liberty nor likely to flee away from justice and he being law abiding citizen, liberty be given since the custodial investigation is not warranted in the present case. Learned advocate has submitted that the applicant is not having any criminal background of any nature and he being a law abiding citizen, the request is made to grant the anticipatory bail.