HARISINH ABHESINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 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 being C.R.No.I11822003201169 of 2020 registered with the Vansda Police Station, District: Navsari for the offence punishable under Ss. 406, 420, 409, 114 and 120B of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation 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. That, on a bare reading of the FIR, the ingredients of the alleged offences are not made out. There is no question of criminal breach of trust as alleged by the complainant in the impugned FIR. That, there is no allegation in the FIR that the applicant wanted to cheat the complainant right from the beginning. That, the applicant is aged about 63 years and suffering from various physical ailments. That, the Chairman and the members of the Executive Committee, in connivance with each other, did not permit the applicant to retire and implicate him in commission of the alleged offence though the applicant has nothing to do with the offence as alleged.

(3.) Learned 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. He 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. Ultimately, it was submitted by learned advocate for the applicant to allow present application.