HARSHKUMAR NARENDRA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule on behalf of the respondent ' State of Gujarat.

(2.) Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is falsely enroped in the offence on the basis of statement of co-accused. Further, no muddamal is recovered from the conscious possession of the present applicant and hence, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent ' State has opposed grant of anticipatory bail and has stated that present application is having past antecedent. That, one another FIR is registered against the applicant wherein he is supplier and based on the statement of the co-accused and CDR the applicant is enroped in the offence as there is active participation of the present applicant in the alleged offence and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.