ARVINDBHAI BHIKHABHAI DABHI 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.11211031200178 of 2020 before Limbadi Police Station, District: Surendranagar for the offences punishable under sections 406, 420 and 120(B) of the Indian Penal Code and Section 66(D) of the I.T.Act.

(2.) Learned advocate for the applicant submits that the applicant is not the main accused, he is falsely implicated and he is not gained any monetary benefit out of the transaction and he was wording as a tool to the main accused. He has further submitted that the applicant is ready and willing to deposit Rs.1,50,000/- within a period of 3 months without prejudice to the rights and contentions of the applicant. It is further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions 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. It is 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.

(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.