ARIFKHAN RASIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application 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.I- 423 of 2018 with Salabatpura Police Station, Surat for the offences punishable under Sections 307, 387, 294B, 506(2), 143, 147, 148, 149, 323, 324, 120B of the Indian Penal Code read with Section 135 of the Gujarat Police Act and under Section 25(1)(b) of the Arms Act.

(2.) 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.

(3.) Learned APP has opposed this application and referred the statement of the co-accused. After referring to the same, it is contended that as per the statement of the co-accused, the present applicant was in contact with the said co-accused and therefore applicant may not be released on anticipatory bail.