KESHUDAN MODDANBHAI GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. I - 61 of 2017 with Bechraji Police Station, District Mehsana, for the offenses punishable under Sections 147 , 148 , 149 , 326 , 324 , 323 , 504 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicants submits that the applicants are innocent persons, however they have been falsely implicated in the alleged offences. It is further submitted that the nature of allegations are such for which custodial interrogation of the applicants, at this stage, is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail Learned advocate for the applicants, upon instructions, states that without prejudice to their rights and contentions, the applicants are ready and willing to deposit Rs.10,000/-each (i.e. total Rs.30,000/-) as compensation of the injured person before the concerned trial Court within a period of two weeks from the date of receipt of this order and the applicants have no objection if the said amount be disbursed in favour of the injured person, but such concession given by the applicants may not be construed as admission of guilt on the part of the applicants. It is also stated that the applicants will not claim refund of the said amount if they are acquitted in future Learned advocate for the applicants, upon instructions, states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.