ANKURKUMAR MAHESHBHAI 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 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 - 62 of 2017 with Valiya Police Station for the offenses punishable under Section 409 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is working as Branch Post Master and the allegation as per the FIR is that he had temporarily misappropriated Rs.45,000/-, but subsequently, he has deposited the said amount in the post office and thereafter, the post department has credited the said amount in the name of the account holder and account holder has withdrawn the said amount. It is further submitted that the applicant is under suspension and is not having any criminal antecedent. It is further submitted that the nature of allegations 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. 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. In view of the above, the applicant may be granted anticipatory bail.

(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 offence.