MAHENDRABHAI AMTHABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Sr. Advocate Mr.Yogesh Lakhani appearing with learned Advocate Mr.Rahul Dholakia on behalf of the applicant, learned Additional Public Prosecutor Mr.Ronak Raval on behalf of the respondent-State, and learned Advocate Mr.Salim Saiyed for the First Informant.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - original accused prays for being released on anticipatory bail in connection with FIR No.11191027210338 of 2021 registered with Karaj Police Station, Ahmedabad City on 10/4/2021 for offences punishable under Ss. 408, 409, 420, 465, 468, 471 of IPC.

(3.) Learned Sr. Advocate Mr.Lakhani for the applicant would submit that the applicant has not committed any offences as alleged in the FIR and he has been falsely implicated. Learned Sr. Advocate Mr. Lakhani would submit that no specific role has been attributed to the present applicant in the FIR. Learned Sr. Advocate would further submit that earlier in pursuance of a complaint filed by the First Informant against the present applicant, after thorough investigation, a closure report was already filed by the authority concerned. Learned Sr. Advocate for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned Sr. 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. Learned Advocate would 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.