ASHISHBHAI KANUBHAI CHAUDHRY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORAL ORDER 1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant­accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 12 of 2018 registered with Tapi ACB Police Station at Vyara, District Tapi for the offenses punishable under Sections 409, 465, 466, 467, 471, 476(A), 120(B) and 34 of IPC and under Sections 13(1)(A) and 13(2) of Prevention of Corruption Act.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during R/CR.MA/4641/2019 ORDER the course of investigation, trial also and will not flee from justice. It is contended by learned advocate for the applicant that co­accused Khengarbhai K. Gadhavi has deposited the entire amount involved in the FIR i.e. Rs.4,27,680/­ before the concerned trial Court and therefore this Court has released another co­accused Mohanbhai R. Vasava on anticipatory bail vide order dated 12.03.2019 on the ground that co­accused Khengarbhai K. Gadhavi has deposited the entire amount. It is submitted that when the co­accused has deposited the entire amount before the trial Court, on the ground of parity, applicant may also be released on 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 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, therefore, submitted that considering the above facts, the applicant may be granted R/CR.MA/4641/2019 ORDER anticipatory bail.