SANJAYBHAI SHASHIKANT MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Mitesh Amin, learned Public Prosecutor waives service of notice of Rule on behalf of respondent­State. Mr. Jimit P. Shah, learned advocate states that he has received an instructions to appear for and on behalf of original complainant. He is permitted to file his appearance. He has identified the original complainant, who is present in the Court and affidavit on behalf of original complainant in support of this application, is taken on record. Upon inquiry made by the Court, the original complainant stated that the dispute is amicably settled and he is hospitalized for a period of three days.

(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 - 171 of 2018 with Mahuva Police Station, Bhavnagar, for the offenses punishable under Sections 307, 354(A), 323, 504, 506 (2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(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. In view of the above, the applicant may be granted anticipatory bail. 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.