MANSUKHBHAI MANGABHAI KATHAD 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 anticipatory bail in connection with the FIR being C.R. No. 11186004210612 of 2021 registered with Prabhas Pathan Police Station, Dist. Gir-Somnath, for the offences under Ss. 409 and 34 of the Indian Penal Code, 1860.

(2.) Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. The applicant is neither connected nor concern with the agency, bank or even with the main accused. The whole case is based on documentary evidence and hence, custodial interrogation of the applicant is not essential for the purpose of investigation.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.