KAJALBEN DILIPBHAI RADADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicant submits that the offence occurred on 08.01.2020 whereas the FIR is lodged on 02.02.2021, wherein the business was in the name of present applicant but it was run by the husband of the present applicant and the applicant has nothing to do with the transaction between the complainant and her husband. The husband of the applicant has already been arrested and he is in the custody. It is a commercial transaction wherein dishonor of cheques are challenged by way of petitions under the provisions of Negotiable Instruments Act which are pending. The applicant is a local resident and she is ready and willing to cooperate with the investigation as and when required and not likely to flee away from justice. 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 her remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused 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.