GARNARA NILESHKUMAR JAYANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. H. S. Soni, learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as FIR No.11210030220266 of 2022 with Mahidharpura Police Station, Surat, for the offenses punishable under Ss. 304 (PARA-2), 337, 427 and 114 of the Indian Penal Code .

(3.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. Learned advocate for the applicants on instructions states that the applicants are 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. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.