FAKIRBHAI @ PRAKASHBHAI PARSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 - 47 of 2017 with Mangrol Police Station, Surat for the offenses punishable under Sections 143 , 147 , 148 , 149 , 504 and 506(2) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicants submits 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 from justice. It is further submitted that the allegation against the present applicants as per the FIR is that the accused persons have used abusive language and tried to cause injuries to the complainant and other persons. It is further submitted that looking to the FIR itself, stone was thrown by the lady accused, but not by the present applicants and the role of the applicants were shown by the ulterior motive just to harass the applicants. It is further submitted that the applicants have not played any active role in the commission of the alleged offences and are not having any criminal antecedent. Learned advocate for the applicants 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. 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. In view of the above, the applicants may be granted anticipatory bail.

(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.