KIRANBHAI NARAYANBHAI PATEL 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.I-?13 of 2018 before CID Crime Police Station, District: Ahmedabad Zone for the offence punishable under Sections 406 , 420 , 120(B) of Indian Penal Code and Section 3 of Gujarat Protection of Interest of Depositors (in Financial Establishment) Act, 2003.

(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 Feni Shantilal Panchal has been released on Anticipatory Bail by this Court (Coram: Hon'ble Mr. Justice Vipul M. Pancholi) vide order dated 23.07.2019 in Criminal Misc. Application No. 12462 of 2019; Sanjaybhai Anilbhai Parmar has been released on Anticipatory Bail by this Court (Coram: Hon'ble Mr. Justice V.P. Patel) vide order dated 16.03.2019 in Criminal Misc. Application No.24107 of 2019 and main co-?accused namely Seema Ramankapoor and Raman Kapoor have been also released on regular bail by learned Sessions Court, Ahmedabad Rural in Criminal Misc. Application No.222 of 2019, 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.

(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.