BHAVESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with C.R. No.11192010230301 of 2023 registered with Bagodara Police Station.

(2.) Learned advocate for the petitioner submits that considering the nature of allegations, role attributed to the petitioner, the petitioner may be enlarged on anticipatory bail by imposing suitable conditions. It is submitted that trial for other accused is going on and perusal of proceedings, the role of the petitioner is not figured and therefore, it appears that petitioner has been wrongly involved in the offence. Therefore, it is submitted to allow the petition.

(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 submitted that this is successive bail application and further the petitioner is on run and he is named in the second column as absconding and evading the arrest which indicates that petitioner is not co-operating with the investigation and therefore, the petition may not be entertained.