JAYVIRSINH VIKRAMSINH SOLANKI 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.11207036201164 of 2020 before Kalol Police Station, District: Panchmahals for the offences punishable under sections 354(D), 323, 325, 504, 506(2) and 114 of the Indian Penal Code and section 12 of the POCSO Act and section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the offence, the applicant has no antecedent, the FIR has been lodged after a delay of one year, in the history before the private doctor who treated the injured, the injured has stated that he has fallen down from the motorcycle and nothing has been alleged against the applicant in the history before the Doctor; the applicant has also filed a complaint prior to filing of the FIR. It is 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. It is 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.