NITINBHAI NATHUBHAI PAMPANIYA 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.11186007200083 of 2020 before Talala Police Station, District: Gir ?Somnath for the offence punishable under Sections 406 , 420 , 465 , 467 , 468 , 471 and 120(B) of the Indian Penal Code.

(2.) Learned advocate for the applicants submits that present applicants have been falsely implicated in the offence and qua the other accused persons, the charge ?sheet has been filed and during the course of investigation, no any material has been found against the present applicants. He further submits that applicants have been involved in the offence only on the basis of the statement of the co ?accused. He further submits that similarly situated co ?accused have been enlarged either on anticipatory bail or regular bail. He further 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 Ramsibhai Mensibhai Vanvi has been released on anticipatory bail by this Court (Coram: Hon'ble Mr.Justice Vipul M. Pancholi) vide order dated 11.08.2020 in Criminal Misc. Application No. 10145 of 2020, 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.

(3.) 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.