IMRAN SHAMSHER CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Yunus U. Malek states that he has instructions to appear on behalf of the original complainant. Learned Advocate Mr. Yunus U. Malek is permitted to file his Vakalatnama on behalf of the original complainant.

(2.) 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 - 325 of 2017 with Umra Police Station, District Surat, for the offenses punishable under Sections 376(2)(n), 323, and 506(2) of the Indian Penal Code and section 66(E) of the Information Technology Act.

(3.) Learned advocate for the applicant submits that the applicant is an innocent persons, however he has been falsely implicated in the alleged offences. Learned advocate for the applicant, states that the matter is amicably settled between the applicant and original complainant out side the Court and the complainant has no objection if the applicant is enlarged on anticipatory bail and to this effect an affidavit is also filed by the original complainant. 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.