RAJESH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release his on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No. 11198042211364 of 2021 before Palitana Town Police Station, District: Bhavnagar for the offences under Ss. 465, 468, 471, 493, 34, 114, 120B etc of the Indian Penal Code .

(2.) Heard Mr.Bhoharia, learned advocate for the applicant and Ms.Shah, learned Additional Public Prosecutor for the respondent - State.

(3.) Mr.Bhoharia, learned advocate for the applicant submits that the applicant is innocent and has not committed any offence as alleged and even he is a working as clerk with practicing lawyer at Delhi and his role was limited in getting the marriage between the main accused and the prosecutrix. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary and besides the applicant will be available during the course of investigation and will not flee away from the justice. He submits that in view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Mr.Bhoharia, 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 her remand. He further submits that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.