RIJWAN AIYUB KOTHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent-State.

(2.) 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 C.R. No.II-42 of 2019 registered with Amod Police Station, District Bharuch for the offences under Sections 429 of the Indian Penal Code, 1860 and Sections 5, 6(B), 8(1) (2) (3) (4) & 10 of the Gujarat Animal Cruelties (Amendment) Act, 2017.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He further submits that the other co-accused have already been enlarged on bail by the Sessions Court as well as by Coordinate Bench of this Court. He has further submitted that the applicant is not named in the FIR and he has been arraigned as an accused only on the basis of the statement of the co-accused. It is further submitted that the present applicant was not present at the time of incident and he is not involved in the alleged offence. He has further submitted that the applicant is living and available since 2019 in the said village and no recovery or discovery was found from the possession of the present applicant.