SAILESHSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused No.4 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I- 11195051200041 on 28.1.2020 before Thara Police Station, District: Banaskantha for the offences under Sections 307 , 147 , 148 , 149 , 323 , 294(B) and 506(2) of the Indian Penal Code.

(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 away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant states that one of the accused is the husband of the present applicant and they were removing the encroachment on the land and at that time, the incident had taken place. It is also submitted that the other side attacked on the husband of the applicant pursuant to which, cross complaints were filed between the parties. Considering overall facts, it is submitted that the applicant may be relased on anticipatory bail.

(3.) 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. Learned advocate for the applicant would further submit that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.