PATEL IMRAN GULAMBHAI 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.11210050210160 of 2021 before Rander Police Station, District: Surat City for the offences punishable under sections 306 and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the offence merely because he had illicit relation with the wife of the deceased; there is no proximate reason between the death of the deceased and any the act of the applicant in instigating the deceased to commit suicide; the applicant has not met the deceased immediately prior to his death and as the applicant is local resident, he would be readily available for investigation and trial. 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.