BHURSING SHIVJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-original accused no. 2 and 3 have prayed to release them on anticipatory bail in case of their arrest in connection with FIR registered as C.R No.I- 33 of 2017 before Deesa Rural Police Station, District: Banaskantha for the offence punishable under Sections 326, 324, 504, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicants submits HC-NIC Page 1 of 5 Created On Thu Aug 17 ORDER that the nature of allegations are such, for which, custodial interrogation at this stage is not necessary. Besides the applicants are available during the course of investigation and will not flee away from justice. He, therefore, urged that the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned advocate for the applicant on 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. Learned advocate for the applicant would further submit that upon filing of such application by the Investigating Agency, the right of applicants to oppose such application on merits may be kept open. 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.