ANILPURI BHARATPURI GAUSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Kishore Prajapati appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Ronak Raval on behalf of the respondent-State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused prays for being released on anticipatory bail in connection with FIR No.11195050211324 of 2021 registered with Tharad Police Station, District Banaskantha on 18/12/2021 for offences punishable under Ss. 8(C) , 21(c) and 22(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

(3.) Learned Advocate Mr.Prajapati for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned Advocate Mr.Prajapati would submit that the present applicant has been falsely implicated on basis of the statements of a co- accused, who had been changing his version now and then. In view of the above, the applicant may be granted anticipatory bail. Learned Advocate Mr.Prajapati 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 his remand. Learned Advocate would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.