AJAYBHAI HARIKRISHNABHAI BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11206073200987 of 2020 before Vadnagar Police Station, District: Mehsana for the offence punishable under Sections 406, 409, 120B and 114 of the Indian Penal Code; under Sections 3 and 7 of the Essential Commodities Act as well as Section 53 of the Disaster Management 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. Besides the applicant is available during the course of investigation and will not flee away from the justice. Learned advocate for the applicant further submits that one co-accused namely Thakor Pravinji Mahotaji has been released on anticipatory bail by learned 3rd Additional Sessions Judge, Mehsana at Visnagar vide order dated 01.09.2020 in Criminal Misc. Application No.351 of 2020 and another co-accused namely Parmar Ganpatbhai Virabhai has been released on Anticipatory Bail by this Court (Coram: Hon'ble Mr. Justice R.P. Dholaria) vide order dated 01.10.2020 in Criminal Misc. Application No. 14128 of 2020, thus on the ground of parity, the present applicant may be released on Anticipatory Bail. 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.