SAMEERBHAI BHIKHABHAI BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I53/ 2017 registered with Padra Police Station, Vadodara Rural for the offences punishable under Sections 406, 408, 411, 420, 468, 201, 120(b) and 114 of the Indian Penal Code.

(2.) Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the respondent State.

(3.) Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the present applicant is store manager cum purchase officer and allegation against present applicant is that he had misappropriated the amount of Rs. 2,50,00,000/in collusion with other employees and officers. It is further submitted that coaccused against whom such allegations are made, are released on bail by the coordinate Bench vide order dated 27.04.2018 in Criminal Misc. Application No. 7052 of 2018 and other orders passed in respective of other Coaccused are annexed with the present application by Annexure E collectively. Learned advocate, upon instruction, states that the applicant is ready and willing to deposit Rs. 10,00,000/without prejudice to the rights and contention. It is further submitted that investigation is completed and chargesheet is filed. All the relevant documents are seized. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Vadodara and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.