MALDEVBHAI DEVABHAI NANDANIYA 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 registered as C.R No.11218004200103 of 2020 before Kutiyana Police Station, District: Porbandar for the offences under Sections 465 , 467 , 468 , 471 , 420 409 , 120(B) , 114 and 170 of the Indian Penal Code..

(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 co ?accused Arvindbhai Kanjibhai Kasundra i.e. original accused No.5 has been released on Anticipatory Bail by the Sessions Court, Porbandar vide order dated 21.03.2020 in Criminal Misc. Application No. 176 of 2020, and thus, on the ground of parity, 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.