CHETANKUMAR POONAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms.Roopal Patel, learned advocate for the applicant and Mr.D.M.Devnani, learned Additional Public Prosecutor for the respondent-State.

(2.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.I-36 of 2017 registered with Lunavada Police Station, District Mahisagar, for the offences punishable under Sections 379, 120-B, 201, 409 and 114 of the Indian Penal Code and sections 66, 66(E) and 72 of the Information Technology Act, 2008 and Section 43 of the Gujarat Primary Education Act, 1947.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned advocate for the applicant on 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. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant further submits that the co-accused have been granted anticipatory bail by this Court and therefore, on the ground of parity also, present applicant may be granted anticipatory bail.