SUJALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State.

(2.) Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. Learned advocate for the applicant has submitted that present applicant is a college going student. During his study, he was residing in hostel and he came into contact with deceased. After sometime, the engagement of the applicant was fixed with another lady. The allegations against the present applicant is that he has blackmailed the deceased. It is submitted that there is no instigation and incitement on the part of the present applicant. There is a delay in lodgment of FIR. Applicant is ready and willing to join the investigation 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 APP has opposed the present application on the ground that the warrant under Sec. 70 Cr.P.C. came to be issued and the present applicant is involved in the offence in connection with one accused, namely Saurav who has developed relationship and tried to blackmail her and his engagement was fixed with another lady. Therefore, the deceased was compelled to commit suicide and she has tried to put an end of her life. It is submitted that investigation is going on and the application of the co-accused namely Saurav has been rejected. Considering the aforesaid fact, he has requested to dismiss the present application. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.