AJAY @ BHURO HARESHBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates appearing for the respective parties as well as Mr. R. S. Oza, learned APP, for the respondent-State. Learned advocate, Mr. Nasir Saiyed states that he has an instruction to appear for the respondent No.2 - complainant. He is permitted to file his appearance forthwith and affidavit filed by the respondent No.2-original complainant is taken on record.

(2.) By way of the present appeal under Section 14A(2) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act as well as 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. II - 65 of 2018 with Gangajaliya Police Station, Bhavnagar for the offenses punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(5A) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) 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.