AJAYGIRI ASHOKGIRI MEGHNATHI 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.11210046201862 of 2020 before Puna Police Station, District: Surat City for the offences punishable under sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act and sections 201, 204 and 120(B) of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the offence as prior to the present FIR, the applicant has lodged a complaint to ACB against a police constable of the very police station and thus, as a counter-blast, the present false FIR has been lodged; the applicant is running spa business since about 10 years but there is no antecedent and in the present offence also no role is attributed to the applicant. 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.