DAHYABHAI MALABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11195004200019 of 2020 before Deesa South Police Station, District: Banaskantha for the offence under Sections 420 , 406 , 467 , 468 , 471 , 120B , 34 and 114 of Indian Penal Code.

(2.) Learned advocate for the applicant submits that outstanding loan amount of the respondent No.2 bank to the tune of Rs. 30 lacs has been deposited by the present applicant and as per order dated 19th June 2020 passed by this Court, the applicant has deposited Rs. 7 lacs before the respondent No.2 Bank at Mehsana branch instead of Deesa branch. Learned advocate for the applicant further 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.

(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.