MUKESHBHAI FATABHAI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 44 of 2017 with Santrampur Police Station, District: Mahisagar, for the offenses punishable under Sections 406 , 408 , 409 , 467 , 468 , 471 , 120 B and 34 of the Indian Penal Code and Section 65 of the Information Technology Act.

(2.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is submitted that the applicant is working as M.I.S. Coordinator in R.D.I. Santrampur. It is further submitted that other co-accused persons having similar role rather graver charges to that of the present applicant are granted anticipatory bail by this Court and copies of the orders are annexed to the application at Annexure-C collectively. It is further submitted that the applicant is a Government Servant, having no criminal history. It is also submitted that the beneficiaries have already repaid the amount disbursed to them. It is further submitted that the nature of allegations are such for which custodial interrogation of the applicant, 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.

(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.