JAYESHKUMAR MAGANLAL THAKKAR 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 for anticipatory bail in connection with the FIR being C.R. No. I-­4/2014 registered with Radhanpura Police Station, Patan for the offenses punishable under Sections 167 , 168 , 465 , 466 , 467 , 468 , 471 , 114 , 409 and 120(B) of the Indian Penal Code and under Section 13(1) (C) of the Prevention of Corruption Act.

(2.) Learned advocate for the applicant submits that in fact, the applicant is not named in the FIR and even in the chargesheet filed in connection with the present FIR, he is shown as witness and now the IO wants to arraign him accused. 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 the course of investigation, trial also and will not flee from justice.

(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 anticipatory bail.