JUDGEMENT
Rajendra M. Sareen,J. -
(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.11193053210048 of 2021 before Savarkundla Rural Police Station, District: Amreli for the offences punishable under sections 4(3), 5(c) and 5(e) of the Gujarat Land Grabbing Act.
(2.)Learned advocate for the applicant has further submitted that due to intervention of the elder of the family as well as the society, the matter is amicably settled between the parties and the complainant has no objections if the applicant is released on anticipatory bail and Affidavit to that effect has been placed on record.
It is further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions 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. It is 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.
(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.
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