TEJALBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R No.11196012200658 of 2020 before Fatehgunj Police Station, District: Vadodara for the offences under Sections 420 , 406 , 417 and 114 of the Indian Penal Code and Sections 3 and 4 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.

(2.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicants are available during the course of investigation and will not flee away from the justice. Learned advocate for the applicants further submits that co-accused Dipakbhai Babubhai Patel has been released on anticipatory bail by this Court (Coram: Hon'ble Dr. Justice A.P. Thaker) vide order dated 01.09.2020 in Criminal Misc. Application No. 11937 of 2020 and another co-accused Sherabhai Chhogabhai Vajir S/c Shailesh Rajput has been released on anticipatory bail by this Court (Coram: Hon'ble Mr. Justice A.S. Supehia) vide order dated 15.10.2020 in Criminal Misc. Application No. 14730 of 2020 and similar allegations are made against present applicants and thus, on the ground of parity, the present applicants may be released on Anticipatory Bail. In view of the above, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicants on instructions states that the applicants are 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 their remand. Learned advocate for the applicants would further submit that upon filing of such application by the Investigating Agency, the right of applicants 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.