PRAJAPATI PINALBEN BHAGWANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule on behalf of the respondent-State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11210015230082 of 2023 with DCB Police Station, Surat for the offences punishable under Ss. 418, 419, 420, 34 and 120(B) of the Indian Penal Code, 1860 and under Ss. 66 and 66D of the I.T. Act.

(3.) Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated on the basis of the statement of the co- accused. It is further submitted that the incident took place on 9/12/2020 whereas the FIR lodged on 19/5/2023. 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. 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.