MUKESHBHAI DESAI 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 alleged offence was committed on 09.12.2017 for which the FIR is filed after two years in 28.05.2019. It is also submitted that co-accused have been granted anticipatory bail by this Court in Criminal Misc. Application Nos. 4189 of 2021 and 4230 of 2021 vide order dated 04.03.2021. It is also submitted that neither the applicant was partner of the firm, nor was holding any post in the firm. It is also submitted that the co-accused who is having 49% share in the firm has been enlarged on anticipatory bail in Criminal Misc. Application No.21588 of 2019 vide order dated 13.01.2020, who was also shown absconding and warrant was issued against him and also the other accused have been released on regular bail by the Session Court as well as this Court. It is submitted that the total outstanding amount after investigation came to Rs.4,52,00,000/- and the property worth Rs.4,52,00,000/- has been seized by the Investigating Agency. It is submitted that the present applicant is on better footing than the other co-accused who are granted bail. It is also submitted that learned advocate on instructions of the applicant submits that he will not demand the property back which is seized by the Investigating Agency. It is also submitted that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

(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. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.