OMKARSING VASUDEVSING RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being I-C.R. No. 84 of 2014, registered with Sachin Police Station, District: Surat for the offences punishable under Ss. 325, 143, 147, 148, 149, 385, 387 and 120-B of the Indian Penal Code, 1860 (IPC).

(2.) Heard learned advocate Mr. H. A. Dave for the applicant and learned APP Ms. Monali Bhatt for the respondent - State.

(3.) The learned advocate for the applicant has submitted that the applicant is apprehending arrest in connection with the aforesaid FIR. It is submitted that the incident is of 2014 and the applicant is protected till date by the Court and is cooperating with the investigation. Further, it is submitted that the applicant was not named in the FIR at the first instance and was later arraigned. Besides, the co-accused have been released by the Court on bail. It is submitted that the ingredients of the offence alleged against the applicant are not satisfied. Accordingly, in the facts and circumstances of the case, it is urged that present application may kindly be allowed and the applicant may be granted anticipatory bail. 3.1 The learned advocate for the applicant has further submitted that the applicant will keep himself available during the course of investigation as well as during trial and will not flee from justice. 3.2 The 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 remand. It is further submitted that upon filing of such application by the Investigating Agency, the right of applicant - accused to oppose such application on merits may be kept open. The learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.