VITTHALBHAI VANABHAI PANDYA 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.11195050200726 of 2020 before Tharad Police Station, District: Banaskantha for the offences punishable under sections 306, 323, 506(2) and 114 of Indian Penal Code.

(2.) Learned advocate for the applicant has submitted that the applicant is falsely implicated in the offence; there is delay of 22 days in filing the FIR; the applicant is the distant relative of the deceased and on perusal of the video recording recorded at the time of death of the deceased, there is no allegation against the applicant. It is further submitted that co-accused are released on anticipatory bail by this Court in Criminal Misc. Application Nos.16546/2020 & 16563/2020. 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.