ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for anticipatory bail in connection with the FIR being C.R. No.11993002210129 of 2021 registered with Adipur Police Station, District: Kutch for the offence punishable under Sections 279, 337, 427, 304(A), 304 of the Indian Penal Code and Sections 177, 184, 134 & 185 of the M.V.Act

2. Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. He has no past antecedent of like nature and custodial interrogation of the applicant is not essential for the purpose of investigation.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State as well as Mr.Joshi, learned advocate for the original complainant have opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.

4. Having heard the learned advocates for the parties and perusing the materials placed on record and taking into consideration the facts of the case, it appears that initially the offence under Sections 279, 337, 427, 304A came to be registered, and thereafter Investigating OfÏcer has submitted a report to the concerned Court for adding of Sections 304 of the Indian Penal Code. On 13.04.2021, the applicant was released on bail, and thereafter on account of addition of Section 304 of the Indian Penal Code, he had preferred anticipatory bail before the Sessions Court, which came to be rejected. It is not in dispute that since long, the applicant is suffering from Cancer disease. In this background of the facts, custodial interrogation of the applicant is not essential for the purpose of investigation. There is no possibility of his fleeing from justice and there is no possibility of tampering with the evidence.

5. Considering the facts and circumstances of the case and the role attributed to the present applicant in the alleged offence, I find no reason to decline pre-arrest bail to the applicant. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with a FIR being C.R. No.11993002210129 of 2021 registered with Adipur Police Station, District: Kutch on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions:

(a) shall cooperate with the investigation and make himslef available for interrogation whenever required;

(b) shall remain present before the learned trial Court on 13.01.2022 between 11.00 a.m. and 2.00 p.m.;

(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the investigating ofÏcer and the court concerned and shall not change his residence till the final disposal of the case till further orders;

(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court within a week; and (g) it would be open to the Investigating OfÏcer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;

6. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be su