MONABEN PRAGNESHBHAI NAIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with FIR being C.R. No.11210015220052 of 2022 registered with DCB Police Station, Surat City, District Surat for the offences under Ss. 409 , 420 and 114 of the Indian Penal Code, 1860 (IPC).

(2.) It is the case of the prosecution that the first informant has been serving on the post of Manager since last 15 years in "The Pal Cooperative Cotton Sale Society Limited" at Jhangirpura, which is a cooperative society. The cooperative society undertakes all the expenditures of the storage of 5449 farmers produce until it has been sold to the merchants and the farmers are paid in advance an amount which has been duly designated/decided. The society as per the rate(s) decided by its board, purchases the produce from the farmers and pays 70% of the threshold amount in advance and the rest 30% is paid upon sale of the produce.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep herself available during the course of investigation, as well as trial also and will not flee from justice.