DEVENDRA NARANBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent-State. By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11214008230634 of 2023 with Bardoli Police Station, Surat, for the offences punishable under Ss. 143, 147, 148, 149, 323, 504 and 506(2) of the Indian Penal Code and Sec. 135 of the GP 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. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned advocate for the applicant has submitted that applicant is falsely enroped in the offence. Though, he has joined undefined the investigation, pursuant to the order passed by the learned Sessions Judge subsequently in the guise of present applicant did not co-operate in the investigation and due to this reason, his bail application came to be dismissed. He has further stated that the present applicant has nothing to do with in complaint as his name is mentioned in the mob of the 100 people. It is submitted that he does not the name persons of mob of 100 people. It is submitted that nothing is required to be recovered or discovered from the accused. It is submitted that injured are discharged from the hospital. In view of the above, the applicant may be granted anticipatory bail.

(3.) Per contra, learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has submitted that applicant is named in the FIR. It is further submitted that the applicant has not co-operate in the undefined investigation and he supposed to disclose the name of the assailants, who were present while commission of the crime as the whole people are villagers, he was knowing the name of the accused persons and thus, he has not joined the investigation. Hence, custodial interrogation is required and he requested to dismiss the present application.