VISHNUBHAI VIRAMBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I- 291 of 2017 before Sardarnagar Police Station for the offence punishable under Sections 325, 324, 294B, 506(1) of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.

(2.) Heard learned advocate for the applicant and learned APP for the respondent State.

(3.) Having considered the rival contentions as also having regard to the nature of accusation against the petitioner i.e. Sections 323 , 294B of the Indian Penal Code (the case under scheduled castes/scheduled tribes has been quashed; but; having regard to the fact that the fracture was caused to the victim, Sections 325 / 326 may come into play) as also having regard to the statement of the learned counsel for the petitioner under instructions that the petitioner would be executing an undertaking with the court concerned expressing his willingness to pay to the victim a sum of Rs.15,000/- by way of demand draft which would be posted to the victim, the case for admitting the petitioner to bail in anticipation of his arrest is made out more particularly when the substantial part of the investigation is concluded.