BABUSINH RAMSNEHI YADAV Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the present offence on the basis of statement of co-accused. Learned advocate for the applicant on instructions also 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. He has 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. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(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 and he further submits that previously order of anticipatory bail was passed in favour of the applicant wherein he was to remain present before the investigating officer, but he has not remained present and he filed the application before this Court which was withdrawn and thereafter he again moved an application before the trial Court which was rejected and thereafter subsequently this application is filed.