RAMBHAMAGANSINHDABHI Vs. STATEOF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the applicant, learned APP for the respondent- State and learned advocates for the complainant by video conferencing.

(2.) 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 C.R.No. 11195051200041 registered with Thara Police Station for the offences punishable under Sections 307 , 147 , 148 , 149 , 323 , 294(B) and 506(2) of the IPC.

(3.) Learned advocate for the applicant appearing by video conferencing submits that this is a case of cross version where there are injured on both sides and cross- cases have been registered. It is further submitted that co-accused has been granted anticipatory bail by this Court vide order dated 01.06.2020 passed in Criminal Misc. Application No.5224 of 2020. It is further submitted 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.