JAGDISHBHAI VIRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Public Prosecutor Mr. Mitesh Amin waives service of notice of Rule on behalf of respondent - State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. I-297 of 2018 with Sector 7 Police Station, Gandhinagar for the offences punishable under Sections 363, 366, 376 and 114 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(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 applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. 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. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.