RITABEN GOPALJIBHAI KANERIA 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 her on anticipatory bail in case of her arrest in connection with the FIR registered at C.R. No. I - 128 of 2017 with Bharuch 'C' Division Police Station, District Bharuch, for the offenses punishable under Sections 406 , 420 , 504 , 506(2) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is an innocent person, however she has been falsely implicated in the alleged offences. It is submitted that the applicant is lady accused and having responsibility towards her family, and therefore, there is no likelihood to her run away from the investigation and her presence can be secured during the course of investigation by imposing suitable conditions. It is further submitted that nature of allegations against the 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, upon 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 her 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, upon instructions, further states that without prejudice to her rights and contentions, the applicant is ready and willing to deposit Rs.10,00,000/- before the trial court within a period of one week from the date of receipt of this order.

(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 offences.