JAYENDRABHAI SHIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants original accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R No.11215001200506 of 2020 before Anand Rural Police Station, District: Anand for the offences under Sections 409 and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicants submits that the amount is already deposited by the Secretary, for the offence of 2017-2018, FIR has been lodged in 2020 and other similarly situated co-accused are released on anticipatory bail in Criminal Misc.Application Nos.17629/2020, 16810/2020 and 17171/2020 and main accused is released on regular bail in Criminal Misc. Application No.17618/2020. It is further submitted that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicants on instructions states that the applicants are 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 their remand. It is further submitted that upon filing such application by the investigating agency, the right of the applicants-accused to oppose such application on merits may be kept open.

(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.