VIRENDRA BHANINATH MAHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.Nandish Thacker has instructions to appear on behalf of the original complainant. Registry to accept the vakalatnama. Learned advocate for the complainant is permitted to file affidavit of the complainant as well as the victim in the present proceedings as he has produced the same in the proceedings of Criminal Miscellaneous Application No.15309 of 2018. It is contended that the matter is settled between the complainant and applicant out of the Court and therefore the applicant has already filed Criminal Miscellaneous Application No.15309 of 2018 under Section 482 of Criminal Procedure Code, 1973 for quashing of the FIR in question on the ground that settlement arrived at between the parties. The said application is pending.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No.I-261 of 2018 registered with Salabatpura Police Station, District Surat for the offenses punishable under Section 406 and 420 of Indian Penal Code.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.