MAYUR PRAFULCHANDRA PARMAR 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 - 53 of 2017 with Padra Police Station, District Vadodara (Rural), for the offenses punishable under Sections 406 , 420 , 408 , 467 , 468 , 201 , 411 , 102-B and 114 of the Indian Penal Code, 1860.

(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 present applicant has become the scapegoat of the conspiracy of his higher-ups and has virtually not got any benefit of the transaction in question. It is further submitted that the applicant has no such past antecedents. 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. 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 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. Learned advocate for the applicant, upon instructions, further states that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs.5 Lakh before the trial Court concerned, however, reasonable time may be given to deposit the same. It is further submitted that the deposit of the said amount may not be construed as admission of guilt on the part of the applicant. The learned advocate for the applicant also requests to invest the said amount in fixed deposit.

(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.