NIRALBHAI RAJESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ms. Foram U. Trivedi, learned advocate appearing for the applicants seeks permission to withdraw the present application qua applicant Nos.1 and 2. Hence, the present application stands dismissed as withdrawn qua applicant Nos.1 and 2 i.e. Niralbhai Rajeshbhai Patel and Bhavnaben Rajeshbhai Patel.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant No.3 - 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 - 51 of 2019 with Ghatlodia Police Station, Ahmedabad for the offences punishable under Sections 498 (A), 324, 323, 294 (B), 506 (1) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act and Section 135 (1) of the Gujarat Police Act.

(3.) Learned advocate for the applicant No.3 submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant No.3 is available during the course of investigation and will not flee from justice. In view of the above, the applicant No.3 may be granted anticipatory bail. Learned advocate for the applicant No.3, on instructions, states that the applicant No.3 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.