PRAGNESHBHAI SHANKARBHAI PATEL Vs. STATE OF GUJARAT &

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I- 67 of 2017 with Valsad Rural Police Station, Dist.: Valsad for the offences punishable under Sections 406 , 420 , 467 , 471 , 120-B and 506(2) of the Indian Penal Code, 1860 (for brevity, 'the IPC ').

(2.) Learned advocate for the applicant submits that the main accused of the offence in question, who is the father of the present applicant, is released on regular bail by the coordinate bench of this Court by order dated 11.10.2017 passed in Criminal Misc. Application No. 24771 of 2017. He submitted that the case rests mainly on the documentary evidence and uptil now, almost all relevant documents have been seized. Further, the offence is triable by a Magisterial Court. Besides, the nature of allegations are such for which custodial interrogation at this stage is not necessary. Further, 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. 2.1 The learned advocate for the applicant, on instructions, states that the applicant will 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.) The learned Additional Public Prosecutor for the respondent - State opposes the present application and submits that looking to nature and gravity of offence, present application may be dismissed.