DASRATHBHAI VIRJIBHAI NINAMA 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.11215017200319 of 2020 before Mahadev Police Station, District: Anand for the offence punishable under Sections 408 , 409 and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant 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. Learned advocate for the applicant further submits that co?accused Shanabhai Bhaijibhai Solanki has been released on Anticipatory Bail by this Court (Coram: Hon'ble Mr. Justice R.P. Dholaria) vide order dated 06.08.2020 in Criminal Misc. Application No. 10776 of 2020 with a direction to pay Rs.10 Lakhs and in the present case also present applicant has shown his bonafides by depositing Rs.1,54,000/? before the learned District and Sessions Court, Anand, thus on the ground of parity, the present applicant may be released on Anticipatory Bail. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant further submits that the amount deposited by the applicant may be invested in any Nationalized Bank in Fixed Deposit Scheme.

(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.