FIRDOSH SALIM BARVATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. AD Shah, learned advocate for the applicants and Ms. Nisha Thakore, 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 applicants - original accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR being C.R.No.I- 43 of 2019 registered with Vapi Town Police Station, Valsad, for the offences punishable under Sections 323, 327, 347, 365, 386, 388, 392, 506(2), 120-B etc. of the Indian Penal Code, Sections 25(1)(B) (A) etc. of the Arms Act and Sections 5, 38, 39, 40, 42 etc. of the Money Lending Act.

(3.) Learned advocate for the applicants 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. 3.1. Learned advocate for the applicants on instructions states that the applicants are 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 their remand. She 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.