BHIKHUBHAI JIVABHAI SOLANKI 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 him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No. 11186003210189 of 2021 before Navabandar Marine Police Station, District: Gir Somnath for the offences under Ss. 307 , 332 , 333 , 337 , 338 , 143 , 147 , 148 , 149 etc of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(2.) Heard Mr.N. D. Nanavaty, learned senior advocate with Mr.Yash Nanavaty, learned advocate for the applicant and Mr.L. B Dabhi, learned Additional Public Prosecutor for the respondent - State.

(3.) Mr.Nanavaty, learned senior advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. He submits that the quarrel took place between two groups and he has not participated in the alleged offence. He submits that the applicant is present at the time of incident, however, there was no any arm in his hand and there is no serious allegations made against him. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He also submits that 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.Nanavaty, learned senior advocate 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 senior advocate for the applicant 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.