LAWS(GJH)-2017-12-188

MIHIR YOGESHBHAI DESAI Vs. STATE OF GUJARAT &

Decided On December 06, 2017
Mihir Yogeshbhai Desai Appellant
V/S
State Of Gujarat And Respondents

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 116 of 2017 with Navsari Town Police Station, District Navsari, for the offenses punishable under Sections 307 , 504 , and 452 of the Indian Penal Code and Sections 3(1)(R) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

(2.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is further submitted that the matter is amicably settled between the applicant and complainant side and the complainant has no objection if the applicant is ordered to be enlarged on anticipatory bail. It is further submitted that the complainant has also filed an affidavit regarding amicable settlement arrived at between the applicant and the complainant before this Court in Criminal Misc. Application No.27983 of 2017 while seeking quashment of this complaint, but the said application has been withdrawn by the applicant. A copy of the said affidavit is forming part of the present application. It is further submitted that the complainant is present before this Court and she has stated that the matter is amicably settled between the parties without any pressure, coercion or threat and now she has no objection if the applicant is ordered to be released on anticipatory bail. It is further submitted that the nature of allegations against the applicant are such for which custodial interrogation of the applicant, 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. Learned advocate for the applicant, upon instructions, states that the applicant is 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 his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(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 offences.