ALFEJKHA NIZAMKHA PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent-State.

(2.) Learned advocate 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 the present applicant is falsely implicated in the offence and he has nothing to do with the offence. Learned advocate for the applicant has submitted that nothing is found from the possession of the applicant. Even, he was not present at the spot. It is only alleged that the present applicant is about to come for purchase cow beef, except this no allegation is levelled against him. Under the instructions, It is submitted that applicant does not have any past antecedents. It is further submitted that nothing is required to be recovered and discovered from the accused. Learned advocate for the applicant has submitted that he is ready and willing to join the investigation. 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 looking to the nature and gravity of the offence. It is stated that the co-accused are absconder and present applicant is about to purchase the cow beef and prior to the purchase, the incident took place and he fled away. It is stated that prima facie role is attributed to the present applicant. Investigation is at preliminary stage. Hence, custodial interrogation is required and she requested to dismiss the present application.