AMITBHAI VITTHALBHAI VASAVA 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 - 124 of 2017 with Rajpipla Police Station, Narmada for the offenses punishable under Sections 394, 120(B), 427, 506(2), 504 and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the involvement of the present applicant is out of political rivalry. It is further submitted that the applicant is an innocent person however, he has been falsely implicated in the present offence. The applicant is aged of 31 years and he is the only earning member of the family. It is also submitted 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.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State submits that there are 17 warrants has been issued against the applicant . He has opposed grant of anticipatory bail looking to the nature and gravity of the offence.