Rajendra M. Sareen,J. - (1.)RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11215013210061 of 2021 before Khambhat Rural Police Station, District: Anand for the offences punishable under sections 3, 11(1)(d), 11(1)(e), 11(1)(f) of Prohibition of Animal Cruelty Act, and Animal Preservation Act and Sections 5, 8(4), 9, 10 of the Gujarat Animal Preservation (Amendment) Act.

(2.)Learned advocate for the applicant submits that he is not attributed any role in the FIR to show the cruelty towards animals, he has two antecedents under the Prohibition Act and no antecedents of similar nature. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant-accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.
(3.)Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.