LABHUBHAI NARSHIBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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-57 of 2018 with Palitana Rural Police Station, District Bhavnagar for the offences punishable under Sections 306, 498A and 114 of the Indian Penal Code.

(2.) 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 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 his 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.

(3.) Learned APP has opposed this application and pointed out from the allegations levelled against the applicants in the FIR that present applicants, who are father-in-law and mother-in- law of the deceased, were giving physical and mental torture to the deceased and therefore it is urged that this Court may not exercise the discretion in favour of the applicants.