KIRANKUMAR GUNVANTRAI KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Order in R/CRIMINAL MISC.APPLICATION NO. 20136 of 2020 RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the alleged offence and is having no antecedent and he is local resident and would be available for investigation. He has further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant-accused to oppose such application on merits may be kept open.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.