HIRJIBHAI RANNCHHODBHAI BHAKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the offence being C.R.No.I -06 of 2014 registered with Visavadar Police Station, District -Junagadh for the offences punishable under Sections 409, 406, 420, 467, 468, 471 and 114 of the IPC.

(2.) Learned advocate appearing for the applicant submits that similarly situated co -accused persons, who are facing similar charges, have been enlarged on anticipatory bail by the learned Trial Court. It is submitted that the applicant is a Talati -cum Mantri. It is further submitted that the nature of allegations made against the present applicant 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.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent -State has opposed grant of anticipatory bail and submitted that there is a prima facie case against the present applicant and, therefore, looking to the nature and gravity of the offence, this application may be dismissed.