TITLE Rahul Bababhai Solanki Versus State of Gujarat
Decided On September 2, 2023
12123 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
The applicant accused has asked to be released on anticipatory bail in the event of his arrest in relation to the offences punishable under Sections 306, 504, and 114 of the Penal Code, 1860, through this application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that because of the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. A knowledgeable attorney for the applicant claims that the current applicant is innocent and that he did not play any part. A knowledgeable attorney for the applicant claims that the current applicant was unjustly implicated in the crime. He is a BDS student, and it is claimed that he recently passed the test. Although it appears that the complainant’s husband had taken a loan from the present applicant’s father, the said amount was being demanded, and the incident in question occurred, it is claimed that the present applicant has no involvement in the matter and that whatever accusation is levelled against the applicant’s father is accepted. The applicant and his father were allegedly not complicit in the crime while they were passing a nearby field and the applicant spoke with the husband. Aside from this, the applicant is not accused of playing any other roles. He allegedly grabbed hold of the complainant’s husband.
COURT ANALYSIS AND DECISION
The State has objected to the grant of anticipatory bail due to the nature and seriousness of the offence, according to Learned Additional Public Prosecutor who is testifying on behalf of the respondent. The present applicant was present at the time the crime was committed, and the offence is one of a serious nature, according to the learned additional public prosecutor’s submission. Custodial interrogation is therefore necessary. She has therefore demanded that the current application be rejected. It is equally necessary for the Court to exercise its discretion judiciously, cautiously, and strictly in accordance with the fundamental principles outlined in a wealth of decisions by the Hon’ble Apex Court on the subject after hearing the learned advocate for the parties and reading the investigation papers. It is well established that, among other circumstances, the considerations for a bail application should,It would be permissible for the Investigating Agency to request a police remand of the applicant in spite of this order from the competent Magistrate. The applicant must appear in person before the learned Magistrate on both the initial date of the application’s hearing and on all subsequent dates as the learned Magistrate may specify.
This would be sufficient to hold the defendant in judicial custody and consider the prosecution’s request for a police remand.
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Written by- Steffi Desousa
