DATARSINH UMEDSINH DARBAR 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.11195050210051 of 2021 before Tharad Police Station, District: Banaskantha for the offences punishable under sections 392, 427, 323, 294(b), 506(2) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant has submitted that due to intervention of the elder of the family as well as the society, the matter is amicably settled between the parties and the complainant and witness no objections if the applicant is released on anticipatory bail and Affidavits to that effect have been placed by the complainant and the witness on record. 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.