PATEL JAYESHBHAI GAJANANDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing C.R.No.11217041230111 of 2023 dtd. 11/3/2023 registered with Saraswati Police Station, District: Patan for the offence punishable under Sec. 363 , 366 , 114 , 376(3) of the Indian Penal Code and Sec. 3(a), 4, 5(1), 6, 8, 17 of the POCSO Act.

(2.) Learned advocate appearing for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

(3.) 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 his remand. He 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. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.