BABUBHAI NATHABHAI SOLANKI Vs. STATE OF GUJARAT

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-28 of 2017 with Kadana Police Station, District Mahisagar, for the offenses punishable under Sections 452 , 354-A (i)(ii) and 376 of the Indian Penal Code .

(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 submitted that on perusing the complaint it is crystal clear that complainant and her two sons were present at the time of alleged incident in her house and complainant's brother-in-law house is also nearby, and in such circumstances such illegal act as stated in the compliant is not possible, and therefore, allegations made in the complaint are false and cannot be believed. It is submitted that the applicant is discharging his duty as Sarpanch in the village Vadazampa Group Gram Panchayat and the false and fabricated complaint is registered against the applicant with a ill political motive to pressurize him. It is further submitted that the nature of allegations 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. Learned advocate for the applicant, upon instructions, further states that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs.50,000/- before the concerned trial Court within a period of two weeks from the date of receipt of copy of this order, and he has no objection if the said amount be disbursed in favour of the original complainant. It is also stated that the applicant will not claim refund of the said amount, if he is acquitted in future.

(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.