LAWS(GJH)-2023-1-571

AMITKUMAR SHANTILAL PATEL Vs. STATE OF GUJARAT

Decided On January 30, 2023
Amitkumar Shantilal Patel Appellant
V/S
STATE OF GUJARAT Respondents

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.11199061220118 of 2022 registered with Ankleshwar City "B" Division Police Station, District: Bharuch for the offence punishable under Ss. 467 , 468 , 471 , 409 and 120(B) 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. That, 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. Learned advocate for the applicant submits that the applicant is ready and willing to deposit Rs.2,97,000.00 before the learned trial court within a period of 10 days from the date of passing of this order. Ultimately, it was requested by learned advocate for the applicant to allow present application.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on anticipatory bail. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.