MAKWANA KETANKUMAR PRAVINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11203004201246 of 2020 before 'C' Division Police Station, Junagadh, District: Junagadh for the offences punishable under sections 407, 420 and 120B of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant has been falsely implicated in the present offence. It is submitted that the applicant is ready and willing to deposit 60% of the amount of the amount misappropriated without prejudice to his rights and contentions before the trial Court. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicantaccused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.