YOGESH DHIRUBHAI KAPADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-493 of 2018 registered with Salabatpura Police Station, District: Surat for the offences under Sections 406 , 420 and 114 of the Indian Penal Code.

(2.) Mr. Tahir Khan, learned advocate for the applicant submits that this Court has released the applicant on anticipatory bail vide order dated 27.02.2019 passed in Criminal Misc. Application No.2296 of 2019. It is his submission that as per condition (h), the applicant was directed to deposit a sum of Rs.3,00,000/- in the trial Court within stipulated time. However, owing to the financial constraint, the applicant could not deposit the said amount within stipulated time and therefore, he came to be arrested. It is his further submission that the applicant has now deposited said amount in the trial Court on 15.06.2020 in compliance of the order dated 10.06.2020 passed by this Court. He, therefore, urges that the applicant may be released on appropriate terms and conditions.

(3.) Ms. Monali Bhatt, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail. She submits that looking to the gravity of the offence, the applicant may not be released on bail. However, she submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.