KISHANBHAI SOMABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present applications under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for anticipatory bail in connection with the FIR being C.R. No. I - 1 of 2018 registered with CID Crime Vadodara Zone Police Station, District: Vadodara City for the offences under Ss. 406 , 409 , 420 and 120(B) of IPC and Ss. 4 , 5 and 6 of Price Cheats and Money Circulation Act, 1978 as well as Sec. 3 of Gujarat Protection of Interest of Depositors (In Financial Establishments) Act, 2003.

(2.) Learned advocate for the applicants submits that the applicants have been falsely implicated in the alleged offence and as far as their role is concerned, they were merely appointed as agents in the company and as such, they have not received any monetary benefits. Citing the case of co-accused Praveen Kumar Kalawat, who has been granted benefit of anticipatory bail vide order dtd. 18/1/2022 passed in Criminal Misc. Application No.593 of 2022 and the case of Surendrasingh Prathvisingh Dantla who had been released by learned Coordinate Bench vide order dtd. 22/3/2022 in Special Criminal Application No.10828 of 2021, learned advocate for the applicants submits that the applicants may be granted anticipatory bail on the ground of parity. Custodial interrogation of the applicants 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 and argued that the applicants have collected money from different persons for and on behalf of the principal accused and therefore, considering the role attributed to the present applicants in the alleged offence, the present application may not be entertained. He has further argued that the allegations against the applicants are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.