LAWS(GJH)-2019-2-229

YOGESH DHIRUBHAI KAPADIYA Vs. STATE OF GUJARAT

Decided On February 27, 2019
Yogesh Dhirubhai Kapadiya Appellant
V/S
STATE OF GUJARAT Respondents

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- 493/2018 registered with Salabatpura Police Station, Surat for the offenses punishable under Sections 406, 420 and 114 of the Indian Penal Code.

(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 the course of investigation, trial also and will not flee from justice.

(3.) Learned advocate for the applicant submits that the applicant is ready and willing to deposit an amount of Rs.3,50,000/? within a period of six months in some installment without prejudice to the rights and contentions and out of which, the applicant will deposit Rs.50,000/? within 15 days from today and remaining amount of Rs.3,00,000/? within six months from today. 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.